Notice2026-10252
Notice of Lodging of Proposed Modification to Consent Decree Under the Clean Water Act
Primary source
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Published
May 22, 2026
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 91 Issue 99 (Friday, May 22, 2026)</title>
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[Federal Register Volume 91, Number 99 (Friday, May 22, 2026)]
[Notices]
[Page 30326]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10252]
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DEPARTMENT OF JUSTICE
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:
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To submit comments: Send them to:
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By email............................ <a href="/cdn-cgi/l/email-protection#3d4d485f5e5250505853491058584e1358534f597d484e595257135a524b"><span class="__cf_email__" data-cfemail="49393c2b2a2624242c273d642c2c3a672c273b2d093c3a2d2623672e263f">[email protected]</span></a>.
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
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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: <a href="https://www.justice.gov/enrd/consent-decrees">https://www.justice.gov/enrd/consent-decrees</a>. 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.
Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2026-10252 Filed 5-21-26; 8:45 am]
BILLING CODE 4410-15-P
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</html>Indexed from Federal Register on May 22, 2026.
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