North Carolina Court of Appeals Limits Reach of Sedimentation Pollution Control Act in 2-1 Decision

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The Court of Appeals ("COA") ruled last week that a general contractor could not be held liable under North Carolina's Sedimentation Pollution Control Act (the "SPCA" or the "Act") for land-disturbing activities that resulted in an offsite deposit of silt, mud, debris and water on an adjacent landowner's golf course. The 2-1 split decision limits the reach of the SPCA, codified at N.C. Gen. Stat. § 113A-50 et seq., to offsite sediment disposal into water; according to the COA, disposal onto land is not covered by the Act.

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Published In: Construction Updates, Environmental Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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