The Little Rock Board of Directors on Monday night deferred a vote on an ordinance that would prohibit the withdrawal and use of groundwater on certain properties in east Little Rock.
Timex Corp. is responsible for contaminating a 9-acre piece of city-owned land at 2215 Crisp Drive, which it leased from the airport from 1947 to 2000 to make watches, clocks and cameras.
That contamination was carried by water north, where it settled in deep groundwater plumes under a 2½-block area of residential and commercial properties on the opposite side of East 12th Street.
The proposed ordinance would require any existing groundwater wells in the area to be closed and would prohibit any more wells from being constructed. There is an exception for wells drilled for monitoring and remediation of the contamination.
An indemnity agreement in the ordinance would mean Timex would pay for all legal fees and settlements if the city were to be sued for passing the ordinance.
But the city hasn't formally agreed to the language in the indemnity agreement, City Attorney Tom Carpenter told board members.
"[Timex has] suggested some language; we've just never formally signed off on the language for the indemnity agreement," he said. "I think we should before [voting]."
The ordinance was deferred until the board's Oct. 20 meeting. The two-week delay will give the city time to finalize the indemnity agreement with Timex.
The privately owned area affected by the groundwater contamination is between 11th and 12th streets to the north and south, and J.W. Hawkins and Apperson streets to the west and east.
Timex and the Arkansas Department of Environmental Quality have said that there are no health concerns for people living in that area unless they access the groundwater.
Mayor Mark Stodola said that several residents who were present Monday night to voice their concerns over the ordinance could speak at the board's Oct. 20 meeting.
"They'll certainly be given a chance to be heard ultimately if this board takes this matter up," he said.
Most residents in the affected area are being jointly represented by McMath Woods and John W. Walker law firms. The area includes 18 houses, 17 vacant lots and two businesses that take up five lots.
Timex made an offer -- in early 2014 when it notified residents and property owners of the contamination -- to purchase all 40 lots or a deed restricting the access to groundwater on the properties. That offer still stands.
As of Sept. 29, the company had purchased seven lots and gained deed restrictions on an additional five properties. It is under contract to buy one more lot.
Information for this article was contributed by Chelsea Boozer of the Arkansas Democrat-Gazette.
Metro on 10/06/2015