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Marion meets ADEM deadline with project plan; U’town has not responded

The City of Marion met a state-imposed April 10 deadline to explain how it will complete a federally funded sewer project on time, submitting a response through its contracted engineering firm that outlines an aggressive construction schedule and states that all remaining funds can be spent before the end of the year.

The City of Uniontown, which faces a similar deadline involving nearly $6 million in federal water infrastructure funding, had not responded to the Alabama Department of Environmental Management (ADEM) as of Tuesday, April 14, according to the agency.

Both Perry County municipalities received warning letters from ADEM Director Edward Poolos on March 18, expressing concern that neither city appeared to be on track to complete its American Rescue Plan Act (ARPA) projects before funds expire on December 31. Poolos ordered each city to respond by April 10 with a current project narrative, a detailed monthly outlay schedule, and any potential impediments. He also warned that unspent funds would be redirected to other communities.

Marion’s response came in a one-page letter dated April 10, signed by Roderick Hawkins, P.E., of Utility Engineering Consultants of Homewood, the city’s contracted engineering firm. The letter was addressed to Poolos and copied to ADEM staff as well as staff from the office of Congresswoman Terri Sewell.

The letter acknowledges receipt of $2,475,000 in ARPA funding and states that the current available balance is $1,789,132.10, meaning approximately $685,868 has been spent since the project was awarded in December 2023.

Hawkins noted that the city has an ongoing sewer rehabilitation project with $367,331.35 in remaining contract funds. Separately, bids for a sewer lift station upgrades project were received April 9, with a low bid of $1,166,658. Remaining funds are expected to go toward design, inspection, contingencies, and related work.

The letter outlines a tight construction schedule:

  • Lift station upgrades beginning August 30 and completed by November 2
  • Wastewater treatment plant upgrades with bids due May 27 and completion by October 29

We do not foresee any impediments,” Hawkins wrote.

However, the timeline is highly compressed. To meet the schedule, the city would need to complete two major construction projects in roughly two months, spending nearly $1.8 million between late August and late October. Under the ARPA agreement, all funds must be spent by December 31, and the city must demonstrate by June 1 that it can meet that deadline.

Notably, the response was prepared and submitted by the engineering firm, not the city’s elected officials or administrative staff. The original ADEM warning letter had been addressed to Mayor Dexter Hinton.

Uniontown’s situation appears more uncertain. The city’s Waterworks and Sewer Board received $5,911,306 in ARPA funding in December 2023 for a water rehabilitation project. Poolos issued the same March 18 warning to Mayor Ronald Wade Miller, with identical requirements and deadlines.

As of April 14, ADEM had not received any response from Uniontown.

Together, the two cities account for more than $8.3 million in one-time federal infrastructure funding—money that cannot be replaced. The American Rescue Plan Act directed these funds to communities like Marion and Uniontown specifically because they lack the tax base to fund major water and sewer improvements. Perry County remains among the poorest counties in Alabama.

Marion and Uniontown are part of a broader statewide issue. ADEM has been pressuring small municipalities to demonstrate progress on ARPA-funded projects as the December 31 deadline approaches. The agency has made clear it will reallocate funds from cities that cannot show timely use.

Marion’s sewer project is also unfolding amid ongoing financial and legal scrutiny of the city’s water and sewer operations. The Alabama Attorney General’s Consumer Interest Division is conducting a formal investigation under the Deceptive Trade Practices Act into approximately $1.7 million in utility payments the state says cannot be accounted for during Fiscal Years 2022 and 2023. A subpoena issued March 25 demands extensive financial records by April 30, though the city has requested a 60- to 90-day extension.

Additionally, the city’s independent financial audits for FY2022 and FY2023 could not be certified due to inadequate recordkeeping—an issue that previously triggered ADEM warnings. In January, Poolos warned that Marion’s drinking water project funds could be redirected if the city failed to produce its overdue FY2023 audit by January 21. The audit was delivered on the final day of that deadline.

A separate January letter from ADEM Deputy Director Jeffery Kitchens rejected the city’s fiscal sustainability plan as deficient and ordered Marion to stop diverting water and sewer revenues to other city operations.

The Times-Standard-Herald has requested copies from ADEM of any response submitted by Uniontown. Updates will be published as new information becomes available.