Wasco LLC asks North Carolina Supreme Court for appeal in waste management case
RALEIGH — Wasco LLC recently asked the North Carolina Supreme Court for a discretionary review of its case against the North Carolina Department of Environment and Natural Resources, Division of Waste Management.
The request was filed on May 23.
The issue presented in this case is whether an appeals court erred when it found Wasco liable as an operator under the North Carolina Solid Waste Management Act and if an entity that has never owned operated a solid waste management facility and did nothing to contribute to contamination of the facility can be liable for a cleanup "based on a terminated contract to guarantee certain post-closure care and other... activities after the facility has officially closed."
The initial case revolved a former textile plant in Swannoa. The appellant claims that the ground water was contaminated by the facility's activities decades ago. The North Carolina Department of Environment and Natural Resources, however, claimed that Wasco has a responsibility to monitor the ground water at the site.
Wasco then took the department to court, seeking that a judge would declare it to not be an operator of the property. A superior court and appeals court both denied Wasco's petition.
North Carolina Supreme Court case number 15CVS1438
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