BETHEL HEIGHTS -- A Benton County investigator took a computer and water samples May 9 when he served a search warrant at the Bethel Heights Waste Water Treatment Plant on Lincoln Drive, according to court documents.
Sgt. Jeff Simpson of the Sheriff's office took the computer to search for correspondence and other information concerning spillage of waste water onto adjoining property.
Simpson collected samples of standing water from several locations at the plant and from a neighbor's yard, according to a search warrant, which was released Monday.
The warrant says investigators are trying to determine if the city is violating state law that prohibits knowingly polluting waters of the state, falsifying documents and spillage onto public or private property.
The waste water treatment system has been under investigation by the Arkansas Division of Environmental Quality since February 2019 when Lawrence Bowen, a neighbor with property abutting the Lincoln Street plant, reported drainage of waste water from the plant onto his property.
Benton County Prosecutor Nathan Smith said Tuesday that the investigation is ongoing.
Lt. Shannon Jenkins, a spokesperson for the sheriff's department, did not return a phone call or email message Tuesday.
Robert Rhoads, an attorney hired by the city, issued a statement Tuesday saying Bethel Heights has worked with various governmental and supervisory agencies about its waste water system and supplied requested documents.
"As a matter of fact, the city has more than once requested the prosecuting attorney to do the appropriate type of sampling and testing that can both determine what the substance is, and, just as importantly, the source of the substance that may be on the city's drip fields or the adjoining neighbor's property," Rhoads said.
"On May 9th, Bethel Heights fully cooperated with the search warrant as it has nothing to hide."
Simpson requested the search warrant, and it was signed by Benton County Circuit Judge Brad Karren.
In an affidavit requesting the search warrant, Simpson noted that he collected nine samples of water standing on the Bowen's property on various dates. He said he had been trained by Environmental Testing Group, a laboratory in Bentonville, to collect samples for the lab to test.
Results of Simpson's testing of two sites on April 20 showed fecal coliforms well above allowed limits, the search warrant reads.
Simpson said he took two samples the next day, which both returned with even higher numbers of fecal coliforms.
"This jump in fecal coliforms test results lends to the fact that the waste collection on Bowen's land is being contaminated and is a public health hazard," the affidavit reads.
The state reported tests July 16, 2019, showed fecal coliform levels higher than the laboratory tests typically used to monitor waste water could measure. On July 24, the state gave the city two days to develop a plan to stop it.
Smith threatened city officials with criminal charges Aug. 1, but dropped those plans in early September when the city began to comply with state directives.
The state fined the city $100,000 on Aug. 16 for the plants' continual violation of its permit. The notice of violation also fined the city for falsification of records. It is unknown if the current search warrant is looking for new incidents of falsifying records.
The fines were reduced by 80% in October when the city signed an agreement with the state that included plans to mitigate continued release of contaminated waste water, to develop an alternate plan for treating its waste water and a plan for closing the plant.
The state in March filed a lawsuit in Benton County Circuit Court against the city, seeking a court order for Bethel Heights officials to take all necessary steps to stop waste water from pooling on the surface of the city's treatment site.
The department also asked for the $81,200 in suspended fines, plus attorneys fees, from the city.
Attorneys for the city of Springdale, resident Charlene Bowen and Bethel Heights officials are set to appear Friday before Benton County Circuit Judge John Scott to discuss the Bethel Heights clerk's decision to reject petitions calling for a vote to annex the city into Springdale.
Bowen and Springdale the same day filed a writ of mandamus with the court in response. The plea asks a judge to make Bethel Heights city officials fulfill their duties under Arkansas law.
The circuit court also has set a hearing July 10 with Scott for the lawsuit filed by the Division of Environmental Quality.
Metro on 06/03/2020