Article II - General Provisions
§ 94-4.  Discharge Of Untreated Wastewater Prohibited. 
It shall be unlawful for any person to discharge to any outlet other than a sanitary sewer, in Henderson
County, any domestic or industrial wastes except where suitable treatment has been provided in accordance
with this Ordinance or where an appropriate NPDES permit has been obtained.  
§ 94-5.  Storm Sewers. 
Where a storm sewer, as defined by §94-3, is adjacent to a property, cooling water, as defined by §94-3,
which meets the definition of that section, may be discharged into said storm sewer, provided that the
County determines that sufficient capacity exists in said storm sewer to carry the cooling water without
exceeding the design storm drainage capacity of said storm sewer and where an appropriate NPDES permit
has been obtained from the DEM.  
§ 94-6.  Sanitary Sewers. 
The owner(s) of all houses, buildings or properties situated within the County and/or CCWSD and abutting
on any street, alley, easement or right-of-way in which there is now located or may in the future be located
abutting said property a sanitary sewer of the County that discharges to a wastewater treatment plant, who
has installed toilet or other facilities therein necessary for the discharge of domestic or industrial wastes, is
hereby required, at the owner's expense, to connect such facilities directly with the sanitary sewer in
accordance with provisions of this Ordinance within 90 days after being directed to do so by any
governmental entity having jurisdiction, including the County, provided that said sanitary sewer abuts the
property.  
§ 94-7.  Sanitary Sewer Service Lateral.  
A.
The sanitary sewer service lateral is the pipe which joins the sanitary sewer to the 
building sewer. In nonroadway areas, the sanitary sewer service lateral shall extend 10 
feet from the center line of the sanitary sewer. In roadway areas, the sanitary sewer 
service lateral shall extend to a point:  
(1)
3
feet beyond any existing roadway drainage ditch.  
(2)
3
feet beyond the edge of the traveled roadway (if no drainage ditch).  
(3)
At least 10 feet from the center line of the sanitary sewer but further if necessary
to meet the requirements in subsection A(1) and (2) above.    
B.
The property owner or user shall not perform, direct or permit the performance of any 
maintenance or construction work on any part of the sanitary sewer system or related 
facilities without expressed written approval of the County.  
C.
Prior to connecting to any County-owned sanitary sewer systems, a property owner shall 
obtain a sewer permit from the County Utilities Department, and any other permits 
required by the County Inspection Department. Any and all fee(s) shall be due and 
payable at the time of obtaining the permit(s). 
   
§ 94-8.  Separate Sewer Connections; Exceptions. 
Except as herein otherwise provided, there shall be a separate tap and connection with the sewer pipe of the
County for each house, structure or building, and no connection shall be used to collect the sewage from
more than 1 house, structure, or building.  
A.
When an owner of an interior lot proposes to construct a non-dwelling structure as a 
separate building in the rear of an existing house, structure or building, and such 
structures and additions on such lot are in a common occupancy, such owner may be 
permitted to serve the additional structure or building through the sewer connection 
serving the existing structure; provided that:  
(1)
The interior lot fronts on 1 street only.  
(2)
The interior lot is of insufficient size to allow subdivision or construction of an 
additional structure which could abut such street.  
  
(3)
Such additional construction is in compliance with the City Zoning Ordinances 
if located within the jurisdiction of the City or with the County Zoning  
Ordinances if located within the jurisdiction of the County.    
B.
A common sewer connection, including a private sewage collection system, will be 
permitted to serve more than 1 building of the following categories:  
(1)
Group apartment housing (projects consisting of 1 or more structures situated 
on 1 tract under common ownership and not intended to be capable of 
subdividing into individual lots or tracts for sale purposes).  
(2)
Motel and/or hotel buildings (and associated businesses located on the same or a
contiguous parcel).  
(3)
Hospital campuses and associated medical service providers.  
(4)
Warehouses and industrial buildings (and associated businesses located on the 
same or a contiguous parcel).  
(5)
School campuses.  
(6)
Shopping center buildings (and associated businesses located on the same or a 
contiguous parcel).  
(7)
Condominium developments (individual ownership of a single unit in a 
multiunit structure with common elements, such as hallways, parking bays and 
open spaces).  
(8)
Townhouse developments (a development consisting of 1 or more residential 
structures comprised of 2 or more attached single-family residences intended 
for owner occupancy with individual residences located on their own individual 
lots with the possibility of common ownership of open spaces, parking bays, 
etc.).  
(9)
Church campuses.  
(10)
Campuses of homes for the ill or aged, including rest and convalescent homes.  
(11)
Mobile home parks.  
(12)
Dwelling units within a planned unit development.  
(13)
Subdivisions.  
(14)
Buildings served by a municipal service provider's sewer system.  
(15)
Buildings served by a public utility's sewer system.  
(16)
Buildings served by a developer service provider's sewer system.  
(17)
Buildings served by a property owner association service provider's sewer 
system.    
C.
A common sewer connection, including a private sewage collection system, will be 
permitted to serve the above categories meeting the following minimum requirements:  
(1)
The building or buildings to be served shall be in compliance with the applicable
zoning ordinances.  
(2)
The applicant shall be required to demonstrate to the satisfaction of the County 
that all buildings being served by the common connection are under single 
ownership. A master sewer permit shall be issued to such owner and such owner
shall bear the entire responsibility of paying all of the sewer service fees and 
other fees imposed pursuant to or under the authority of this Chapter, for all 
buildings customers served by the common connection.  
a.
Section 94-8C (2) shall not apply to the following categories of 
development if such categories of development have in place an 
incorporated property owners' association to own, operate and maintain
the sewage collection system serving the separate properties or if the 
developer owns, operates, and maintains the sewage collection system 
serving the separate properties of the following categories of 
development. A master sewer permit for these categories shall be 
issued in the name of the qualifying property owners' association or 
developer to allow connection of the association's or developer's 
sewage system into the County sewerage system. In addition, sewer 
permits for the individual buildings customers to be served by the 
common connection shall be issued in accordance with §94-40A 
and B. Lastly, the property owners' association or developer shall bear 
  
the entire responsibility of paying all of the sewer service fees and 
other fees imposed pursuant to or under the authority of this Chapter 
94, Article VII, for all customers served by the common connection.  
1.
Condominium developments § 94-8B (7).  
2.
Townhouse developments § 94-8B (8).  
3.
Dwelling units within a planned unit development § 94-
8B (12) if such units are intended for owner-occupancy.  
4.
Subdivisions § 94-8B (13).    
b.
Section 94-8C (2) shall not apply to the following categories of 
development. Sewer permits for these categories shall be issued in 
accordance with § 94-40B. Said public utility or municipal service 
provider shall bear the entire responsibility of paying all of the sewer 
service fees and other fees imposed pursuant to or under the authority 
of this Chapter 94, Article VII, for all buildings customers served by 
the common connection:  
1.
Buildings served by a municipal service provider § 94-
8B (14).  
2.
Buildings served by a public utility § 94-8B (15).      
3.
The applicant shall be required to submit to the Henderson 
County Utilities Department a site plan showing the proposed 
sewer construction. Such plans shall be prepared by a 
registered professional engineer licensed in North Carolina 
who shall also provide inspection of the work as required by 
the State of North Carolina. The plans (design) and 
construction shall meet the requirements of the State of North 
Carolina, the County, and the Metropolitan Sewerage District 
of Buncombe County. The applicant shall secure all required 
local, state, and federal permits for the subject construction 
project. All construction shall be performed by a properly 
licensed utilities contractor.  
D.
Should a building served by a common connection as allowed in this §94-8 be conveyed 
to a new owner, the County shall require a separate sewer connection from that building 
to the main in the street, except in the case of those developments described by § 94-8C 
(2) (a) above and buildings served by a municipal service provider or a public utility as 
described in § 94-8C (2) (b) above.  
E.
All municipal service providers, developer service providers, property owners' 
association service providers and all public utilities shall be required, at their own 
expense, to install a master water meter which meets the approval of Henderson County 
and/or CCWSD, that measures all of the water used by the sewer customers of their 
sewer system which legally discharges into a sewer system owned, operated or controlled
by Henderson County and/or CCWSD. Semiannually, during the months of January and 
July, the municipal service providers, developer service providers, property owners' 
association service providers, and/or public utilities shall be required to furnish a written 
certification (by a party competent to do so) to CCWSD, to the effect that said master 
water meter is accurately measuring the water usage. Henderson County and/or CCWSD 
shall have the right to have the subject master water meter checked for accuracy at any 
time. If the master water meter is found to be defective, the municipal service provider, 
developer service provider, property owners' association service provider and public 
utilities shall immediately replace the defective meter with a new master water meter that
meets the approval of Henderson County and CCWSD.  
F.
All municipal service providers, developer service providers, property owners' 
association service providers, and public utilities shall be required to furnish to CCWSD, 
at no charge, a monthly electronic list of all sewer customers along with their addresses 
and water account numbers (if any).   
   
§ 94-9. Lateral Construction and Cost. 
  
The County may, at the County's discretion, require the property owner or user to construct and pay for the
installation of sanitary sewer service laterals, use an installer approved by the County and deed said
sanitary sewer service laterals to the County. If the County does not require the property owner to contract
for said installation of said service laterals, the County shall install the service by contract and the County
may charge the property owner in advance for the full cost of such installation. The service lateral shall
become the property of the County. The County shall maintain the sanitary sewer service laterals, the
length of which is defined in § 94-7.  
§ 94-10.  Maintenance and Repair. 
The maintenance and repair of sewer lines, connections, etc., from the point where the sanitary sewer
service laterals end, as defined in §94-7, to and inside the subject building shall be the responsibility of the
property owner. If a property owner or his representative claims that the cause of a stoppage or disturbance
exists in the sanitary sewer service lateral and an investigation discloses that the cause of such stoppage or
disturbance actually exists in that portion of the sewer line lying between the end of the sanitary sewer
service lateral and the building which is serviced by such line, the property owner shall pay to the County
the actual cost to the County of making such investigation. If, however, upon investigation, it is found that
the cause of such disturbance or disrepair is in the sanitary sewer service lateral, as defined in §94-7, the
County shall make such repair without additional cost to the property owner.  
§ 94-11.  Sanitary Sewer Depth. 
Street sanitary sewers will be constructed to general engineering standards. 
 
§ 94-12.  Sewer Cleanouts. 
Sewer service shall not be furnished to any property not presently served unless a sewer cleanout is
installed according to the specifications of the Henderson County Utilities Department.