Citing Bible, Amish Resist Sewage Tech
By Sara Jerome,
@sarmje
Members of an Amish community in Minnesota believe wastewater systems will interfere with their prospects on the Day of Judgment, and they are fighting against treatment regulations imposed by the state and the county.
Some members of the Swartzentruber Amish community in Minnesota say wastewater regulations are forcing them to violate their religious beliefs by mandating they use technology. In a lawsuit naming the Minnesota Pollution Control Agency (MPCA) and Fillmore County as defendants, the community members objected to state and county rules requiring the installation of septic systems, according to Courthouse News Service.
Citing the Bible to explain why the community eschews modern tools such as electricity and cars, the lawsuit said the main issue is the implementation of rules around the disposal of household water used to bathe, wash dishes and do laundry — also known as graywater. The members reuse it to water their gardens and fields.
"Plaintiffs dispose of this household water in a manner consistent with their religious faith and traditions, which include the recycling and reuse of this water and water byproducts in their vegetable gardens,” the lawsuit said.
State and county rules require that graywater be disposed of using wastewater technology, according to the report.
“Plaintiffs believe that installation and use of these wastewater systems is contrary to their religious faith and, if they comply with this policy, they will have to answer for this utilization of wastewater systems at the Day of Judgment,” the lawsuit said.
The state rules contested in the lawsuit are enforced by the MPCA. The lawsuit also contests rules from Fillmore County.
“In December 2013, Fillmore County adopted its subsurface sewage treatment ordinance in response to a state law requiring counties to enact local ordinances that comply with the MPCA’s sewage treatment system rules,” Courthouse News Service reported.
The plaintiffs say that county rules are even more burdensome than the state ones, according to Courthouse News Service. And failure to comply is creating problems for the community even before Judgment Day, according to the news report.
“The Swartzentruber Amish community has been sued by the county over the regulations and threatened with condemnation and eviction from their homes as well as criminal charges and garnishment of their personal property for alleged debt owed to Fillmore County, according to the lawsuit,” the report said.
The community claims that its wastewater disposal and recycling practices do not pose a threat to the environment or public health, according to the news report.
MPCA spokesperson Cathy Rofshus commented to Courthouse News Service about the issue, providing this statement:
Everybody needs to properly dispose of their wastewater to protect human and environmental health. Fillmore County has been working since 2006 to bring Amish properties into compliance with state laws on treating gray water. This water, used for washing and other purposes, is considered sewage and can contain pollutants such as bacteria and pathogens. (Washing includes laundering diapers with human waste). It’s especially important to properly treat sewage in Fillmore County, where the karst landscape is vulnerable to pollution. In karst, pollutants can easily reach groundwater used for drinking and streams used for recreation because of the water mixing through porous bedrock.
She added that some members of the Amish community have complied, but a few dozen members have not.
“The MPCA and Fillmore County have been patient and accommodating. The county adopted rules that allow for low-flow systems. These systems can be designed to operate by gravity instead of electricity,” she said.
The clash in Minnesota is hardly the first time Amish community members have opposed wastewater regulations. The lawsuit continues “a years-long debate over religious freedom and environmental law,” KSTP reported.
Said Fillmore County Attorney Brett Corson, per KSTP: "These issues have already been decided in favor of Fillmore County in several different Fillmore County cases which were not appealed. I would note that there is an MPCA decision in Fillmore County on this issue in court. This case was decided in favor of the MPCA and was not appealed."
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