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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