The observance of strict religious tenets and beliefs versus the protection of quality drinking water has been the focal point of Fillmore County versus Ammon Swartzentruber and Sarah Swartzentruber.
The Swartzentrubers, Harmony Township, were issued a “cease and desist” order to stop all construction on a new house in June 2014. The young Amish man, Ammon Swartzentruber did inquire at the Fillmore County Zoning office in late 2013-early 2014 about building a larger house on his property to replace a current smaller house. He was informed that he would need to comply with county regulations. Section 604.02 restricts the number of dwellings on a quarter of a quarter section of land two . The quarter section already had three. A subsurface sewer system is required with the construction of new dwellings, according to regulations adopted by the county in late 2013.
The sewer system is required both by county ordinance and Minnesota Pollution Control Agency (MPCA) rules. Swartzentruber indicated that a septic system was in conflict with his religious beliefs during several discussions at the county zoning office.
When it was noticed that the Swartzentrubers went ahead and started construction on the house without a building permit, a “cease and desist” order was issued to stop all construction. The issue for the county is a building permit, which is required to by obtained prior to the beginning of construction, plus the terms of the zoning ordinance must be met before a permit is issued. The building permit for a dwelling is contingent on a subsurface sewage system. Construction on the new house continued after the cease and desist order was delivered.
The county in an effort to find a middle ground in regulations for subsurface treatment systems (SSTS) had allowed in its zoning ordinance (Section 5) for a “graywater” system instead of requiring a regular septic system for “blackwater” for all homeowners. The graywater system requires a smaller tank and is acceptable only for homes without indoor toilet facilities.
In December 2015, Fillmore County took the Swartzentrubers to court to resolve the issue. On March 1, 2016 an order from the court was filed. The restraining order prohibiting occupation of the building and completion of construction is still in place. The court ordered the Swartzentrubers to obtain proper building permits, any necessary variances, including an application for installation of SSTS or graywater system by July 1, 2016.
Ammon Swartzentruber had testified that his specific Amish community “objects to installing a graywater system or a septic system as a modern convenience.” Installing a septic system is not allowed in his community. The concept of the septic system itself is the problem. He suggested the septic system leads to a temptation to have indoor toilets and plumbing. The court did not challenge the sincerity of the couple’s religious beliefs.
The court did find that the state and county have an interest in regulating sewage to protect public safety and this is the overriding issue.
Zoning Administrator Cristal Adkins said the Swartzentrubers have not opted to apply for a building permit to date. The smaller house on the property that is currently their residence has a straight-pipe for discharge of sewage directly onto the ground, which slopes downward to a stream. Straight-pipe discharge of sewage is non-compliant with the county’s zoning ordinance and MPCA rules and is considered a “public health threat.”
Straight-Pipe Act of 2006
In August 2006 the state of Minnesota enacted the Straight-Pipe Act which requires home owners to correct straight-pipe discharge within 10 months of notification or be subject to a $500 per month fine for each subsequent month of non-compliance.
Adkins said that a number of Amish properties during a countywide inventory during 2004-2006 were found to have straight-pipe discharge. The county worked with MPCA to develop the SSTS Ordinance to allow for graywater systems for Amish homes where there is no toilet waste. The Amish homes with straight-pipes were allowed extra time to discontinue use of the straight-pipe system and come into compliance, while the alternative standards were being developed and adopted.
Twenty-two Amish families that have been found to be non-compliant have been turned into the MPCA and their straight-pipe systems have been deemed imminent health threats. They have been fined for two months of non-compliance ($1,000). Adkins said this is just the first group to be identified, more will follow.
They are to immediately cease discharge of sewage onto the ground surface and are to install an SSTS or holding tank as required by state and county regulations. They are to provide written notice to MPCA within 35 days that the corrective actions are completed. If no written notice is received by the MPCA, the court will be notified.