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Case Law Spotlight: COA Limits Reach of Sedimentation Pollution Control Act in 2-1 Decision

The Court of Appeals (“COA”) held last week that a general contractor can 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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Filed under Environmental Issues, Feature story, NC case law