§ 94-37.  Capacity Depletion Fees.  
A.
A onetime charge which shall be payable to Henderson County by users of all of the 
County sewerage systems, the capacity depletion fee is intended to compensate the 
County for capacity utilized within the County sewerage system. The amount of the 
capacity depletion fee, the manner in which it is calculated and other particulars in regard
to said capacity depletion fee shall be set and established from time to time by the 
Henderson County Board of Commissioners sitting as the Board of Commissioners or as 
Directors of Henderson County's water and sewer districts in a fee schedule. The moneys 
generated by the capacity depletion fee will be used in regard to Henderson County's 
sewer systems for capital projects, emergency repairs and operations and maintenance at 
the discretion of the Henderson County Board of Commissioners sitting as the Board of 
Commissioners or as Directors of Henderson County's water and sewer districts.  
B.
In addition to capacity depletion fees imposed by Henderson County, users of the 
County's sewerage system may be subject to fees imposed by other government entities 
which have contracted to transport/treat wastewater from the County's sewerage  
collection system.