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WENDELKEN v. JENK LLC

Nos. A07A1645, A07A1646.

661 S.E.2d 152 (2008)

WENDELKEN et al. v. JENK LLC; Wendelken et al. v. ROC Enterprises.

Court of Appeals of Georgia.

Reconsideration Denied April 11, 2008.

Attorney(s) appearing for the Case

Oliver, Maner & Gray, Patrick T. O'Connor, Connell C. Youmans, Savannah, Savage, Herndon & Turner, Christopher D. Britt, for appellants.

Ratchford & Rafter, Richard R. Rafter, for appellees.

ADAMS, Judge.

In 2001, the City of Rincon was notified by the Environmental Protection Division of the Georgia Department of Natural Resources (EPD) that it was in violation of its groundwater withdrawal permit authorizing it to withdraw 0.087 million gallons of water per day from the Upper Floridan Aquifer. The City and the EPD entered into a consent order concerning this issue in 2002; this order stated that the EPD would continue to issue the City water withdrawal...

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