Amish families told to substantiate claims on sewer systems
ALLEGANY — Two Amish families who have appealed Cattaraugus County Board of Health orders in August to install small sewage systems must now document their church regulations and substantiate their claims that the systems are inefficient.
Those cases and a third enforcement decision against an Amish family by the Board of Health on Wednesday were discussed during the meeting held at the St. Bonaventure Clubhouse in Allegany.
The identical wording of the two hand-written appeals states, “A septic system is against the regulations of our church, and also doesn’t work efficiently with a small amount of gray water.”
The appeals were signed on Aug. 26 by Atlee D. Miller and Noah Stutzman, both of East Otto, and will have the effect of postponing for another 60 days the enforcement of Board of Health decisions that were made almost one year after officials began working with the families to resolve violations.
Both took out privy permits, but refused to install specially designed wooden gray water boxes after their Amish bishop refused to go ahead with the compromise. The resulting Health Board order imposed $200 fines, along with $10 per day assessments until septic permit applications are filed and another $10 a day until the septic systems are installed by the families.
“The appeal puts it in limbo,” said Public Health Director Barb Hastings.
Enforcement deadlines of Sept. 26 will have to be put off for 60 days from the Aug. 26 appeal filing date while the Board of Health makes a decision.
“They will have to substantiate what they are saying,” said Environmental Health Director Eric Wohlers.
He told the board members that he drafted a letter to the families requesting a copy of the church regulations prohibiting septic systems. He said he also wants proof that the gray water systems are inefficient. The letters will be mailed after they are reviewed by the County Attorney.
The board then found Andrew Miller of Conewango in violation of the sanitary code prohibiting illegal discharge of sewage, stemming from Health Department photos and inspections in April and again June 1, June 2 and June 18. According to Hearing Officer David Porter, Miller did not apply for a permit to construct a septic system and instead told officials he had instead installed a leakproof container in his outhouse.
As a result of Wednesday’s order, Miller was fined $100 for the April and June violations, and he will have five days to apply for the septic permit and another 30 days to install the septic system. Failure to do so will bring another $100 fine and he will be fined an additional $10 each additional day that he does not comply with the order.
In other enforcement actions Wednesday, the Board issued the following orders:
• Donna Vacinek of Ashford was fined $500 for missing a compliance date and not correcting a sanitary code violation of inadequately treated sewage discharges since May 2007; the fine may be dismissed if Vacinek installs a new septic system before Sept. 30 and if fines from the 2007 case are paid.
• Clair and Luc Unverdorben of Portville were ordered to apply for a sewage system permit at 254 West River Road in Portville and complete installation by Sept. 30, or to evict tenants within five days. Failure to comply will net a $200 fine.
