Local News
Judge upholds conviction in Amish outhouse dispute
EBENSBURG — Members of the ultra conservative Amish sect will have to bring their Barr Township school’s outhouses into compliance with state regulations despite their religious beliefs, a county judge ruled Thursday.
Although Judge Norman Krumenacker vacated the 90-day jail sentence of one Amishman and overturned the conviction and sentence of another, he said that public-health issues outweigh the religious beliefs
The outhouses must be brought into compliance within 30 days, the judge told landowner Andy Swartzentruver.
Otherwise, Swartzentruver will face further sanctions, Krumenacker said.
“Discharge and improper handling of human waste has led to huge disease and pollution issues over the centuries,” he said.
Although the outhouses are small, the rules are designed to protect everyone from the risks of contamination, he said.
No evidence was presented by the Amish to show that the permitting requirements are unreasonable or harmful to their religious beliefs, Krumenacker said.
At issue were the 90-day jail terms and $1,000 fines imposed by District Judge Michael Zungali against Swartzentruver and Sam Yoder, who had been identified as the church elder in charge of the school.
They were convicted last April of two summary violations – failing to obtain a permit for the school outhouses and improper disposal of untreated sewage.
Krumenacker vacated Swartzentruver’s 90-day jail sentence but imposed the same fines totaling $1,000 against him.
The judge threw out Yoder’s convictions, fines and 90-day jail term, ruling only that the landowner could be held legally responsible.
The Amish will have 30 days in which to decide whether to file an appeal to the state Superior Court.
After the hearing, Swartzentruver said – as he had previously – that he would not pay any fine.
Saying that he intends to stand firm on his religious beliefs, Swartzentruver said, “I want to be with God. I don’t want to miss Him.”
And, questions remain whether the sect – which shuns modern conveniences – will follow all the requirements to obtain the necessary permits for the outhouses.
Yoder, who was the only one testifying Thursday, said that members had made inquiries about a permit, but had not followed though because of concerns about engineering and pH-level tests.
Yoder did outline steps the Amish sect had taken in an attempt to meet requirements, including installing in August a 250-gallon tank enclosed in concrete at the two new outhouses.
No decision has been made on how to eventually dispose of the waste, he said.
A recent check of the tanks showed that only a small amount of waste material has accumulated, he said. Currently, 18 students attend the school – 10 boys and eight girls, Yoder said.
William Barbin, solicitor for the county sewage enforcement agency, expressed satisfaction with the judge’s ruling that there has to be compliance with the regulations.
The agency will immediately mail out the permit applications to the sect, hoping that they will be signed and returned, Barbin said.
But the sect will have to install larger tanks – 1,000-gallon ones are required, and make arrangements for the disposal before the permits will be issued, he said.
The disposal – once the waste is pumped – can be done by the person, such as a neighbor who previously got rid of the waste at a proper site, or by the Amish themselves with proper treatment of the waste, Barbin said. However, for the Amish to do it, they would have to obtain a permit from the state Department of Environmental Resources (DER) , he said.
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