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Charges dropped against sect elder

October 3, 2008 - By David Hurst , dhurst@altoonamirror.com

EBENSBURG - An Amish landowner was fined $1,000 Thursday and given 30 days to get his old order sect's schoolhouse sewage treatment system in compliance - or face stiffer sanctions.

The landowner, Andy Swartzentruber, was charged with sewage violations in April, along with school elder Sam Yoder.

Cambria County Judge Norman A. Krumenacker dropped charges against Yoder, saying he was no more responsible than dozens of others who had a stake in the Amish school in Barr Township.

While understanding of their strict religious beliefs, ''the health, welfare and safety of all citizens'' also is important, Krumenacker told the crowd of 20 Amish men and women, all dressed in traditional attire.

''These rules exist to protect all people,'' Krumenacker said of disposal requirements. ''The discharge and improper handling of human waste "has led to huge disease and pollution issues over the centuries."

While Cambria Sewage Enforcement Agency attorney William Barbin initially argued for 90-day jail sentences to encourage compliance, he applauded the sentence and said he is hopeful the Amish will improve their sewage collection and disposal methods at the school.

Yoder testified the community took steps to appease the sewage agency, replacing a 10-gallon holding tank with two plastic 250-gallon tanks, one for boys and another for girls, next to outhouses at the school after their original jail sentences were imposed by Magisterial District Judge Michael Zungali this summer.

They appealed that ruling to Cambria County Court, which led to Thursday's nonjury trial.

Through help from neighbor Mark Brawley they had been adding lime to the waste before removing it and spreading it on hayfields, Yoder said. But he admitted the sect did not obtain a permit to do so or test the ph level, which is a requirement.

Yoder said the group disagreed with those methods, saying they had issues with the testing because of their strict beliefs, although he didn't offer specifics.

The group has 30 days to comply or appeal to the state Superior Court.

Their attorney, James Stratton, was unsure which step they would take, noting ''they were going to talk about it first.''

''They have options,'' Barbin said. ''They could get bigger tanks and have it pumped out by contract or get a land application permit, mix the waste with lime and [follow] treatment measures."

Browley, he said, is qualified to handle sewage disposal and could help the sect with either option

''We just want to make sure they are complying - that's the major issue,'' he said.

 
 

 

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