This article begins a three-part Dotte Dispatch series exploring how delays in required sewer projects put the Unified Government (UG) at risk of noncompliance with its federal Consent Decree and what that could mean for ratepayers.
Dotte Dispatch reported earlier this year on the federal order. A new public discussion reveals that the UG has fallen behind in meeting requirements, potentially leaving sewer ratepayers on the hook for fines.
The UG reviewed an apparently long-delayed funding request at last week’s Planning & Zoning/Full Commission meeting for sanitary sewer and stormwater projects tied to its federal Consent Decree.
The Consent Decree is an agreement between the UG, the Department of Justice, and the Environmental Protection Agency. It requires the UG to upgrade old sewer systems, reduce sewage overflows, and improve treatment operations over many years. Sewer ratepayers fund these projects. Property taxes do not support them.
Missing scheduled deadlines outlined in the Consent Decree may result in enforcement actions or fines, as seen in the City of Atlanta, which faced federal enforcement action in 2024 after falling behind on its own agreement.
Because the sewer system operates through rate revenue, any fines levied against the UG for noncompliance would ultimately be paid by ratepayers.
The initial request to issue roughly $39 million in bonds to support required projects failed to advance out of the November 3 Economic Development and Finance Standing Committee. That failure raised concerns about whether the UG could stay on schedule with its federal obligations.
In previous years, items related to the Consent Decree were typically handled during the budget process or passed through committee without issue. This request did neither, which meant the required work apparently sat without funding for at least several months.
District 8 Commissioner Andrew Davis said the delay raised larger questions about how the UG views its federal responsibilities. He compared the discussion to recent debates about diversity, equity, and inclusion, a topic Dotte Dispatch previously covered.
“We made a decision regarding getting rid of DEI, particularly for contractors and for affirmative action in fear of executive orders in this Administration,” said Davis. “Well, I can tell you right now, a Consent Decree is just as scary, if not scarier than an executive order because it’s signed and it remains from administration to administration.”
He then turned to the practical impact of the delay. Davis asked Public Works Director Troy Shaw whether some projects on the east side of Kansas City, Kansas, were required under the Consent Decree and whether they had stalled.
Some residents may have noticed that projects near Big 11 Lake and behind the county jail have seen little progress over the past several months.
Shaw confirmed the projects had been delayed. He said some projects “haven’t been finished because we haven’t gotten funding yet” and noted that crews have been waiting several months for the money needed to continue the work. Commissioners said hearing this publicly made clear how the earlier delay in issuing funding had possibly put the UG behind in meeting its federal obligations.
County Administrator David Johnston also weighed in, noting that the sewer rate increase approved during this year’s budget process was designed to support repayment of the $39 million bond request over the next thirty years. In other words, concerns about issuing debt were unfounded, as debt payments were already factored into the current sewer rate.
Johnston then reminded commissioners that Consent Decree work is not optional. He said federal regulators expect steady progress each year and noted that cities that fall behind face steep fines. He told commissioners that the UG must complete the required projects, regardless of short-term concerns, because failing to do so would carry far greater costs for the community and ratepayers.
The discussion also touched on the long history of the agreement. Negotiations began more than a decade ago. The final terms were approved in 2016 and 2017. The Consent Decree runs through 2042 and outlines capital projects, treatment plant upgrades, pump station repairs, and operational changes the UG must complete.
After years of planning, funding for these projects is normally mapped well in advance. Given this long history, it is unusual that the current request did not follow the normal budget process and instead reached the commission through an unexpected placement on the Mayor’s agenda.
Shaw said the new bond authorization is needed to resume stalled work and begin new phases already listed in the 2025 and 2026 budgets.
Commissioners approved the measure nine to two. District 6 Commissioner Phil Lopez and District 7 Commissioner Chuck Stites voted no.
It is not clear whether the UG will face fines related to the delay.
This story is part one of a three-part Dotte Dispatch series. The next installment will be published later this week and looks at why the $39 million funding request took an unusual path through the committee process and how it reached the December 4 agenda after an earlier vote to stop it from advancing.
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