Notice of Lodging of Proposed Modification to Consent Decree Under the Clean Water Act

On May 19, 2026, the Department of Justice lodged a proposed Agreement and Order on Modification to Consent Decree (“Modification”) with the United States District Court for the Western District of Arkansas in the lawsuit entitled United States and State of Arkansas v. City of Fort Smith, Arkansas, Civil Action No. 2:14-cv-002266-PKH.

The lawsuit was initiated on January 2, 2015, by the United States and the State of Arkansas, alleging illegal discharges of untreated sewage from Fort Smith's sanitary sewer system (“SSOs”) in violation of Section 301(a) of the CWA, 33 U.S.C. 1311, and the City's failure to properly operate and maintain its sewer system in accordance with the City's National Pollutant Discharge Elimination System permits. The complaint was resolved by a Consent Decree entered as a judgment on April 6, 2015, that requires the City to properly operate and maintain its sewer system and to complete the assessment and remediation of condition defects and capacity constraints in the sewer system over a period of twelve (12) years (by January 2, 2027) in accordance with interim deadlines for the work. The Modification extends the Consent Decree term by 11.5 years for a total of 23.5 years (June 31, 2038) to complete rehabilitation of the sewer system and revises interim milestones and deadlines to allow the City greater flexibility in prioritizing rehabilitation projects. The Modification also requires the City to ensure adequate funding for the work through specific measures.

The publication of this notice opens a period for public comment on the proposed Modification. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States and State of Arkansas v. City of Fort Smith, Arkansas, D.J. Ref. No. 90-5-1-1-08677. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail:

Any comments submitted in writing may be filed in whole or in part on the public court docket without notice to the commenter.

During the public comment period, the proposed Modification to Consent Decree may be examined and downloaded at this Justice Department website: https://www.justice.gov/​enrd/​consent-decrees. If you require assistance accessing the proposed Modification to Consent Decree, you may request assistance by email or by mail to the addresses provided above for submitting comments.