City tries to use old water plant

State needs site evaluation

Tuesday, December 31, 2013

Marshall Mayor Jim Smithson said he thinks the city should be allowed to revert to the city’s old water system after test results of water samples show no indication of bacteria, instead of having to continue receiving water supplied by Ozark Mountain Regional Public Water Authority.

But the state Department of Health wants the city to hire a consultant to conduct a thorough evaluation of the city’s old water-treatment plant, said Lance Jones, chief engineer of the health department’s Engineering Division.

“It’s not as simple as taking a bacteria test,” Jonessaid. “Before we can fully evaluate and be confident that their system is going to be robust and effective, we’re asking them to get a consultant to come in and do a full evaluation of their facilities and outline what improvements they recommend, so [Marshall] can document they have the facilities, they have the source and they have the water quality they need.”

During the spring of 2009, Marshall was among 18 retail water providers to enter into contracts with Ozark Mountain Regional Public Water Authority to purchase wholesale water from the water authority.

Ozark Mountain spenttwo years and $72 million constructing a new water-treatment facility and 120 miles of pipeline to supply all 18 members with water from Bull Shoals Lake. The bulk of the funding came from U.S. Department of Agriculture stimulus money in the form of nearly $36.4 million in grants and a $19.37 million loan. The water authority had connected all 18 members to the system by September.

Lead Hill, in Boone County, has since disconnected from the water authority and returned to an old well system. The Marshall City Council voted in November to disconnect from the water authority and reconnect to the former water system, which primarily was supplied by Hughes Spring. Marshall still is being supplied by Ozark Mountain.

The water authority is suing both Lead Hill and Marshall.

Under the contract with the water authority, Marshall agreed to buy a minimum of 305,000 gallons per day at a rate of $3.05 per 1,000 gallons, the largest purchaser of water among the members of the water authority.

Interest in disconnecting from Ozark Mountain grew among Marshall city officials after Marshall water customers complained about increases in water rates the city charged to pay the Ozark Mountain water bill, Smithson said. The water rates doubled for many customers.

“We are going to have to come up with that amount of money, which we have never had to do before,” Smithson said. “The only way we could do that was increasing the water rates.”

The city has not paid Ozark Mountain for any water because paying the water authority means city officials agree with the contract, Smithson said. He said he doesn’t plan to pay the water authority unless directed by a judge.

The city continues to charge higher water rates in case a judge rules against Marshall, Smithson said. If a ruling goes in favor of Marshall, then Smithson said he plans to refund the money and reduce the rates charged prior to receiving water fromOzark Mountain.

Before raising the rates, the city tried to win approval for a 2 percent increase in sales tax to pay Ozark Mountain, but the proposal failed.

Smithson said he thinksthat if the city water system was in compliance in August before connecting to the new water system, the water system should still be in compliance. He anticipated needing to spend some money for filters but not the $1 million for improvements that was forecast several years ago.

Smithson said he thinks the water quality of the Hughes Spring is superior to the lake water and that the spring provides plenty of water.

Former Mayor James Busbee stands by the decision to join with Ozark Mountain for a sufficient water supply, but he can’t understand why city leaders increased the rates as much as they did, he said. His monthly bill increased by about $50.

He said he thinks the city should request an audit by the Arkansas Natural Resource Commission of the finances of the water and sewer services.

“They’re going to have to spend a lot of money to build a new plant to go on that spring,” Busbee said.

Marshall sent the health department samples of treated water from the Hughes spring to be tested for total coliform bacteria, a quick test that is done as a screening for other possible microbial organisms that could be present in water but are more difficult to detect, Jones said.

For the department to be confident that the old water system is reliable and effective, the department will need a preliminary engineering report done by a consultant to evaluate the actual condition of the treatment plant, he said. The water system must meet state regulations for quality and quantity.

Jones said he has at least 15 years of documentation showing that Marshall has struggled with having water in sufficient quantity and quality.

“They made the decision several years back that instead of pursuing these improvements to their existing facility, they were pursuing this other water source,” Jones said. “We concurred with them to do so.At that time, if they decided to continue with their existing water system, they would have had to pursue this same process.”

If Marshall decides to restart the old plant without the department’s approval, state rules and regulations provide for an enforcement process with administrative penalties for systems that violate those rules and regulations, including using an unapproved source of water, Jones said.

Northwest Arkansas, Pages 9 on 12/31/2013