BRETT A.

CORSON
FILLMORE COUNTY ATTORNEY
MSBA Certified Criminal Law Specialist

Marla J. Stanton Melissa Hammell

Assistant Fillmore County Attorney Assistant Fillmore County Attorney

PRESS RELEASE
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.

Fillmore County Attorney’s Office

101 Fillmore Street, P.O. Box 307, Preston, MN 55965
Telephone: (507) 765-2530 Fax: (507) 765-4543