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Consultant: IDEM requested additional action plan; town can ask 30–60 days to respond but risks fines or growth limits

Fort Branch Town Utilities · August 7, 2026
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Summary

HWC Engineering said IDEM requested an additional action plan tied to an agreed order and that the town should either show corrective measures or expect possible penalties; the consultant recommended a 30–60 day refinement period to produce a schedule and avoid immediate fines.

Eric Smith told the council the town received a late-July letter from IDEM asking for an additional action plan as part of an agreed order because wet-weather flow problems and overflows persist. Smith said the town "owe[s] that to them by the end of September of 60 days from the day of the letter" and recommended assembling a plan that combines plant work and collection-system work.

Smith said IDEM reviewers "are gonna wanna see that it impacts what they saw" but cautioned that a case manager will typically accept a detailed schedule; he told the council that the agency has the authority to fine noncompliance ("they have the right to find you $25,000 a day") or to limit new customers if the town fails to make progress. His recommendation was to submit an additional action plan and request 30–60 days to refine engineering and financing details so the town can show good-faith progress without immediate penalties.