EPA v. CLAXTON SMITH CONCRETE CO. (CLAXTON SMITH CONCRETE COMPANY - POCA PLANT)

Case summary

On July 22, 2025, Region 3 issued an Administrative Order on Consent (AOC) to Claxton Smith Concrete Company (Smith Concrete) for failure to comply with the requirements of Section 301 of the CWA at its concrete manufacturing facility located at 3133 Charleston Road, Poca, West Virginia 25159-7261 (Poca Facility). Section 301 prohibits discharge of pollutants into waters of the United States except in compliance with, among other things, a permit issued pursuant to the National Pollutant Discharge Elimination System (NPDES) program under Section 402 of the CWA. The State of West Virginia administers the NPDES program in West Virginia. The Poca Facility is subject to West Virginia?s NPDES Multi-Sector General Water Pollution Control Permit, Permit No. WV0111457, General Permit Registration No. WVG610635 (Poca Permit). The EPA alleges that Smith Concrete violated the Poca Permit by failing to timely submit discharge monitoring reports; failing to retain records; failing to develop and modify the Stormwater Pollution Protection Plan, including the site map; failing to mitigate discharge; failing to properly operate and maintain the facility; and failure to maintain good housekeeping. The EPA has consulted with West Virginia on the action against Smith Concrete.

Defendants (1)

• CLAXTON SMITH CONCRETE COMPANYNamed in settlement

Facilities (2)

• SMITH CONCRETE COMPANY - POCA PLANT

  3133 CHARLESTON ROAD, POCA, WV, 25159

  Registry ID: 110010851195

• CLAXTON SMITH CONCRETE COMPANY - POCA PLANT

  3133 CHARLESTON ROAD, POCA, WV, 25159

  Registry ID: 110010851195

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• CLAXTON SMITH CONCRETE COMPANYentered 2025-07-22

  Primary law: CWA

Timeline (2 milestones)

• 2025-07-22Final Order Issued
• 2025-07-24Enforcement Action Data Entered