Minnesota Court of Appeals septic system decision

On June 8, 2020, the Minnesota Court of Appeals confirmed that the Amish community in Fillmore County is not exempt from installing septic systems which comply with Minnesota requirements. The Court of Appeals concluded that graywater contains viruses, organic materials, chemicals, and many other contaminants which threaten groundwater and the environment. The Court of Appeals explained that graywater generated by the Amish community must be properly treated by utilizing a septic tank and drain field so that the graywater does not endanger public health and safety. It was determined that a septic tank is needed to separate solids and heavier contaminants before the lighter contaminants are filtered out by the soil in the drainfield. A septic system was determined to be the least restrictive alternative for properly treating graywater pollutants and pathogens. It was determined that the mulch- filled pit proposed by the Amish litigants did not properly treat the viruses and other contaminants, required substantial maintenance, and was likely to quickly plug, backup, and overflow. The Court of Appeals decision made it clear that all households in Fillmore County are required to comply with the Fillmore County subsurface treatment system requirements by installing proper septic systems.