Public Notice: Proposed penalty of $55,000 against Claxton Smith Concrete Company

Summary

The U.S. Environmental Protection Agency (“EPA”), Region 3, is hereby giving notice that it proposes to enter into a Consent Agreement and Final Order (“CAFO”), which commences and concludes an administrative action against the Claxton Smith Concrete Company, in order to settle alleged violations of the Clean Water Act at Claxton Smith Concrete Company’s three facilities located at: 2262 Pennsylvania Avenue, Charleston, West Virginia 23302 (Charleston Facility), 1960 US Route 60, Culloden, West Virginia 25510 (Culloden Facility), and 3133 Charleston Road, Poca, West Virginia 25159-7261 (Poca Facility).

The CAFO assesses an administrative penalty in the amount of fifty-five thousand dollars ($55,000.00), pursuant to Section 309(g) of the Clean Water Act, 33 U.S.C. § 1319(g) for alleged violations of Section 301 of the Clean Water Act, 33 U.S.C. § 1311. The $55,000 cash penalty is calculated in accordance with EPA’s Interim Clean Water Act Settlement Penalty Policy dated March 1, 1995, the statutory penalty criteria and factors set forth in Section 309(g) of the Clean Water Act, 33 U.S.C. § 1319(g), and the appropriate Adjustment of Civil Monetary Penalties for Inflation, pursuant to 40 C.F.R. Part 19.

Applicants or Respondents

Docket Numbers

• CWA-03-2025-0119

Related Documents

• Public Notice (pdf) (157.15 KB)
  EPA Region 3 (EPA Mid-Atlantic Region) is proposing to file a Consent Agreement and Final Order (CAFO) assessing an administrative civil penalty in the amount of fifty-five thousand dollars ($55,000.00) against the Respondent named below for alleged violations of the CWA.