§ 94-40.  Permits.  
A.
Except as provided in § 94-40B, all users shall apply for a sewer permit. All 
applications (including those submitted pursuant to § 94-40B below) shall be 
submitted to the County in care of the Utilities Director and shall be accompanied by any 
applicable fee(s) and such other documentation as the County shall require.  
B.
All municipal service providers, property owners' association service providers,  
developer service providers and public utilities shall make application for a master sewer 
permit to allow connection into the County sewerage system by the service provider or 
public utility and shall also be required to make application for a sewer permit on behalf 
of each of their customers. Henderson County shall not accept any application from a 
customer of a municipal service provider, a property owners' association service provider,
developer service provider or a public utility. The municipal service provider, property 
owners' association service provider, developer service provider and/or public utility 
must grant Henderson County, CCWSD, their staff and other agents access to the master 
water meter 24 hours per day, 365 days per year, for the purposes of reading the master 
water meter and checking the accuracy of the master water meter. Such right of access 
must be granted prior to the issuance of the master sewer permit.  
C.
Before the CCWSD will issue a master sewer permit to a developer service provider that 
owns, operates, and maintains or proposes to construct a private sewage collection system
(serving or intended to serve the separate properties in the categories of development in 
§
94-8C(2)(a)) that connects or will connect to the County sewer system with a 
common connection, the developer service provider shall be required to furnish written 
documentation (acceptable to the County's Utilities Director and the Office of the County
Attorney) that (a) a property owners' association has been established for the subject 
categories of development and each separate owner in the referenced development is 
legally required to be a member of said property owners' association and pay (subject to a
lien enforceable by the association and by Henderson County on the owner's property in 
development) all assessments levied by the property owners' association, which may levy
the same on its own part but must levy the same upon the demand of Henderson County 
for reimbursement of the costs of the monthly sewer service and other fees imposed by 
CCWSD or Henderson County, or for the operation, maintenance, repair and replacement
of the sewage collection system; and (b) within 1 year of the date the master sewer 
permit is issued, the property owners' association shall become the owner of the subject 
sewage collection system and as such shall become a property owners' association service
provider that is responsible for the operation, maintenance, repair, and replacement of the
said sewage collection system as well as for paying all of the monthly sewer service fees 
and other fees imposed by CCWSD and/or Henderson County. If the developer of the 
subject categories of development still owns properties therein, at the time the property 
owners' association becomes the owner of the sewage collection system, the developer 
shall be responsible for securing separate County sewer permits on behalf of each 
proposed new sewer customer. For any properties not owned by the developer, the 
property owners' association service provider shall be responsible for securing separate 
County sewer permits on behalf of each proposed new sewer customer.