BETHEL HEIGHTS -- The state wants a judge to order Bethel Heights to honor agreements to clean up its wastewater treatment facilities and pay a fine for not keeping its end of the bargain.
The Arkansas Division of Environmental Quality sued the city in Benton County Circuit Court. A hearing before Judge John Scott is set for Friday. The state will ask Scott to order Bethel Heights officials to complete repairs to its wastewater treatment system and move forward with plans to replace the system, both measures city officials agreed to in October.
The state also will request the city pay $80,000 in fines, which were suspended as the city signed the Consent Agreement Order with the state.
Records show the city has been out of compliance with its state permit more often than in compliance since 2015 and had problems with wastewater pooling as early as 2013.
State inspectors have said untreated wastewater continues to pool above ground at the city's two treatment plants and run into the yards of adjacent property owners. The runoff and pooling violate the city's permit from the state.
A June 16 report from the city shows pooling above all treatment zones of the city's plant on Lincoln Street.
The report also notes the city in a 10-day period transferred 610,000 gallons of wastewater for treatment at the Northwest Arkansas Conservation Authority's plant in Bentonville.
The state has required the city to submit weekly progress reports since it issued a notice of violation against the city's permit in August. The reports include evaluations of samples taken from the plant and details of steps taken to improve the system.
The city's permit expires in August. Bethel Heights has submitted its application for a new permit, said Jacob Harper, media and communications manager for the division.
Scott on June 29 denied a request from lawyers representing Bethel Heights, Robert Rhoads of Fayetteville and Samuel Ledbetter of Little Rock, that asked to move the court date to Aug. 15, according to court documents.
"The parties have engaged in settlement negotiations," the motion reads. "However, at this point and given recent developments, it appears settlement is not likely."
The request also noted an Aug. 11 election to consolidate Bethel Heights with Springdale might make the point moot since Springdale would provide sewer service.
"Recent developments cause DEQ to have concerns about agreeing to any continuance," the division's attorneys responded to the request to delay.
The city's most recent licensed operator of the plant, Garry King, resigned June 8. The previous operator, Vernon "Lynn" Pate, resigned April 30. The state in January suspended for six years the license of Rick Sayre, the city's long time operator, for filing false reports.
Since King resigned, the city decreased the volume of wastewater hauled from 90,000 gallons per day to 60,000 gallons per day, according to the division lawyers. The city has reported wastewater rising to the surface caused by "overdosing" or sending too much partially treated water into the system.
Representatives of the city didn't respond to requests for comment last week.
Rhoads issued a statement last month saying Bethel Heights has worked with various governmental and supervisory agencies about its wastewater system and supplied requested documents.
Bethel Heights operates a STEP system, which partially treats wastewater from its roughly 650 customers. After removal of solids, the system releases the water through a drip irrigation system, relying on the soil to complete the purification process.
The city operates two wastewater treatment plants. The other is behind Bowen Park on Oak Street.
Bethel Heights signed an agreement in October with the state to close the two plants and find an alternative for treating the wastewater.
In January and April, department officials issued noncompliance reports against the city as the plants continued to operate.
"Bethel Heights' wastewater treatment plants have a long history of noncompliance with the state no-discharge permit," reads a May 2019 letter to the city from the state.
The city was ordered in 2015 to submit a certified engineer's plan for correcting similar complaints, according to documents posted on the website of the Environmental Quality Division. After a certified report the problems were fixed, the state closed the case in January 2017.
The case reopened in March 2019 after Lawrence Bowen filed a complaint with the state about untreated water from the city's Lincoln Street plant overflowing into his yard. Bowen and his wife, Joetta, live next door to the plant.
"Since January 2017, Bethel Heights has reported 43 effluent surfacing events on the dispersal fields ... and 62 additional violations of the permit limit exceedances," according to the May 2019 letter.
The state collected samples for testing around the city's wastewater treatment plants July 16, 2019. Results showed fecal coliform levels higher than the laboratory could measure. The division sent the city a letter July 24 giving officials two days to come up with an interim plan to get its sewer problems under control.
Laurinda Joenks can be reached by email at [email protected] or on Twitter @NWALaurinda.