EPA v. CLAXTON SMITH CONCRETE COMPANY - POCA PLANT

Case summary

On August 28, 2025, Region 3 issued a CAFO to Claxton Smith Concrete Company (Smith Concrete) for failure to comply with NPDES Permit requirements at its concrete manufacturing facilities, located at 2262 Pennsylvania Avenue, Charleston, West Virginia 23302 (the Charleston Facility), 1960 US Route 60, Culloden, West Virginia 25510 (the Culloden Facility), and 3133 Charleston Road, Poca, West Virginia 25159 (the Poca Facility; collectively, the Facilities). The Charleston Facility is subject to an individual NPDES Water Pollution Control Permit, Permit No. WV0117170 (Charleston Permit). The Culloden Facility is subject to West Virginia?s NPDES Multi-Sector General Water Pollution Control Permit, Permit No. WV0111457, General Permit Registration No. WVG610500 (Culloden Permit). 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). Violations addressed in the CAFO include: failure to maintain the Stormwater Pollution Prevention Plan (SWPPP); failing to comply with discharge limitations; failing to comply with monitoring requirements; failing to maintain good housekeeping; failing to contain pollutants, failing to revise the SWPPP after benchmark exceedances and take corrective actions; failing to conduct self-inspections; failing to install complete outlet markers; failing to comply with monitoring requirements; failing to retain records; failing to mitigate discharge; and failing to properly operate and maintain the facility. The settlement required Smith Concrete to certify that it is in compliance with the Administrative Order on Consent between Smith Concrete and the EPA, Docket No. CWA-03-2025-0003DN, and to pay a $55,000.00 penalty. The EPA has consulted with West Virginia on the action against Smith Concrete.

Defendants (1)

• LAXTON SMITH CONCRETE COMPANNamed in complaintNamed in settlement

Facilities (5)

• SMITH CONCRETE COMPANY - POCA PLANT

  3133 CHARLESTON ROAD, POCA, WV, 25159

  Registry ID: 110010851195

• SMITH CONCRETE COMPANY - CULLODEN

  1960 ROUTE 60, CULLODEN, WV, 25510

  Registry ID: 110006151724

• SMITH CONCRETE COMPANY - CHARLESTON PLANT

  2262 PENNSYLVANIA AVE., CHARLESTON, WV, 25302

  Registry ID: 110067629365

• CLAXTON SMITH CONCRETE COMPANY - POCA PLANT

  3133 CHARLESTON ROAD, POCA, WV, 25159

  Registry ID: 110010851195

• SMITH CONCRETE COMPANY - CULLODEN

  1960 US RT 60, CULLODEN, WV, 25510

  Registry ID: 110006151724

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• CLAXTON SMITH CONCRETE COMPANY - POCA PLANTentered 2025-08-28

  Primary law: CWA

  Federal penalty: $55,000

Timeline (5 milestones)

• 2025-08-28Complaint Filed/Proposed Order
• 2025-08-28Final Order Issued
• 2025-09-10Enforcement Action Data Entered
• 2025-09-29NPDES Closed
• 2025-09-29Enforcement Action Closed