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possible to obtain an injunction without any notice at all of a court hearing if peril can be demonstrated through clear, compelling evidence.
“Is there something these people (NPEA members) are doing in violation of the consent decree?” Robertson asked.
“It’s a question of interpretation,” Konick replied. The representation that the property would be used only four hours per day is critical, he explained, because the length of time effects the amount of sewage which will be generated. The consent decree stipulates that any sewage facility must comply with health department regulations governing sewage disposal for 500 people, according to Konick. The question is whether the 500 persons sewage facility should be designed for the four hour per day limits in the health department or the 13 plus hours per day allowed by the consent decree, Konick explained. “The system approved and installed is at odds with the requirements of the rules and regulations of the health department under the times allowed in the consent decree,” he maintained.
Property owners are required by law to comply with health department regulations, responded Judge Robertson, emphasizing that if those regulations require camp meeting activities to be held to four hours daily, the court will exercise its powers to see that the regulations are met.
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