It seems that four Amish men living near Preston, MN, have been in a lengthy legal fight against the Minnesota Pollution Control Agency and Fillmore County. The county insisted that a septic system is needed to adequately protect the local water supply from waste and contamination. Meanwhile, the Amish men have pushed back in court, arguing that an alternative system called a mulch basin will purify wastewater and will meet their religious beliefs.
The lawsuit was initially filed in April 2017. A district court agreed that the septic system requirement did indeed infringe on the Amish plaintiffs' sincerely held religious beliefs, but ultimately ruled in favor of Fillmore County, arguing that septic systems are the least-restrictive means for protecting the overall public health.
The Amish men appealed this ruling. The Minnesota Court of Appeals just upheld the district court decision against the Amish. The Court highlighted evidence that showed how mulch basins are not suitable to the climate and soil conditions of Fillmore County.
Here is a summary of how we got to this point:
The contention can be traced back to March 2006, when the Fillmore County Zoning Office performed a compliance inspection on the homes as part of a countywide “Imminent Public Health Threat Inventory.”
The issue was brought back to the forefront in 2013. Minnesota passed a law requiring counties to create and enact local ordinances that comply with changes to the MPCA’s sewage treatment system within two years. All homes were to have a holding tank for wastewater, the size of which is determined by the number of bedrooms in the home.
The Fillmore County ordinance provided “alternative local standards” for their Amish community. Amish households are required to have a 1,000 gallon tank regardless of bedroom size.
Amish homeowners refused to make the mandated changes and the case was referred to the MPCA in August 2015.
In November 2017, the MCPA sent an administrative penalty order that ordered the Amish to make the necessary updates or appeal within 30 days. Members of the community again declined to make the changes and did not appeal within 30 days. A $1,000 fine was imposed in February 2016.I'm assuming that the Amish plaintiffs will continue with the appeals.