State sues city for not complying with wastewater agreement

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BENTONVILLE, Ark. (AP) – An Arkansas state agency filed a lawsuit against a city, seeking more than $80,000 in fines over the city’s alleged failure to comply with a wastewater treatment plant agreement.The Arkansas Department of Environmental Quality on Wednesday imposed the fines a day after it filed a lawsuit seeking a court order to compel Bethel Heights to prevent wastewater from pooling through the surface of the city’s treatment site.

The state initially imposed a $101,200 fine on the city. The ADEQ slashed it by $81,200 after the city agreed in October to follow state standards, which includes removing excess wastewater for treatment at another location if wastewater continued emerging at the city’s treatment site, according to the lawsuit. The city paid $20,000 in fines to the state in December.

This week’s lawsuit asks the city to pay the fines that were dropped last year, the Northwest Arkansas Democrat-Gazette reported Thursday.

“The city is extremely disappointed that DEQ chose to take this action,” said Robert Rhoads, an attorney representing Bethel Heights. “Filing suit alleging Bethel Heights is not in compliance with its agreement under the (Consent Agreement Order) is simply the wrong approach.”

Rhoads added the city has been working to address its wastewater treatment system complications while maintaining communication with state officials. He insists the city has met the terms set in the October agreement.

Meanwhile, the lawsuit says wastewater in Bethel Heights has been surfacing at the city’s facility daily from Nov. 13, 2019 to Feb. 23, 2020.

The agency isn’t commenting on the matter while litigation is pending, ADEQ spokesman Jacob Harper said.

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