§ 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.   
Article III - Wastewater Disposal Limitations
§ 94-13.  Holding Tank Wastes Wastewater.  
A.
Except as allowed per subsection B immediately below, no person or entity shall 
discharge, directly or indirectly, any holding tank wastewater into the County's sewerage 
system.  
B.
Any person or entity wanting to operate a dumping station for the discharge of sanitary 
sewage from recreation vehicles into the County's sewerage system shall be required to 
apply for and secure a permit from the County. All applicants for such permits shall 
complete such forms as required by the County, pay appropriate fees and agree, in 
writing, to abide by the provisions of this Ordinance and any special conditions or 
regulations established by the County. These permits shall be issued only for approved 
facilities designed for the receipt of sanitary sewage only.   
 
§ 94-14.  Additional Requirements. 
No statement contained in this article shall be construed to interfere with any additional requirements that
may be imposed by other municipal or state agencies.   
  
Article IV - Excluded Wastes
§ 94-15.  General Prohibitions. 
No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which
will interfere with the operation or performance of the County sewerage system. This prohibition applies to
all such users of the County sewerage system.  
§ 94-16.  Prohibited Wastes; Exceptions. 
No user shall discharge or deposit any of the following materials, waste materials, wastes, gases or liquids
into any sanitary sewer forming a part of the County sewerage system, except where these may constitute
occasional, intermittent inclusions in the wastewater discharged from residential premises:  
A.
Any wastewater having a temperature which will inhibit biological activity in a 
wastewater treatment plant or result in other interference with the treatment processes, 
but in no case wastewater with a temperature which exceeds 60° C. (140° F.) at its 
introduction into the wastewater treatment plant.  
B.
Any water or waste containing more than 50 mg/l of fat, oil or grease or other substances 
that will solidify or become viscous at temperatures between 0° C. (32° F.) and 60° C. 
(140° F.).  
C.
Wastewater containing floatable oil, fat or grease from industrial plants.  
D.
Any garbage that has not been properly shredded so that no particles are any greater than 
1/2 inch in any dimension.  
E.
Any waste capable of causing abnormal corrosion, abnormal deterioration, damage to or 
hazard to structures or equipment of the County sewerage system, or to humans or 
animals or interference with proper operation of wastewater treatment facilities. All 
wastes discharged to the County sewerage system must have a pH value in the range of 
6
to 10 pH units. Prohibited materials include, but are not limited to, concentrated acids 
and alkalis and high concentrations of compounds of sulfur, chlorine and fluorine and 
substances which may react with water to form strongly acidic or basic products.  
F.
Any waters or wastes having a color which is not removable by the existing wastewater 
treatment processes and which causes the plant effluent to exceed NPDES color  
requirements for discharge to the receiving waters. 
   
§ 94-17.  Specific Prohibited Wastes. 
No user shall discharge or deposit any of the following materials, waste materials, waste gases or liquids
into any sanitary sewer forming part of the County sewerage system:  
A.
Any liquids, solids or gases which, by reason of their nature or quantity, are or may be 
sufficient, either alone or by interaction with other substances, to cause fire or explosion 
or be injurious in any way to the County sewerage system or to the operation of the 
County sewerage system. At no time shall 2 successive readings (15 to 30 minutes 
between readings) on an explosion hazard meter at point of discharge into the County 
sewerage system be more than 5% nor any single reading be more than 10% of the lower 
explosive limit (LEL) of the meter. Prohibited materials covered by this subsection 
include, but are not limited to, gasoline, commercial solvents, toluene, xylene, peroxides, 
chlorates, per chlorates, bromates, carbides and hydrides.  
B.
Any noxious or malodorous solids, liquids or gases which, either singly or by interaction 
with other wastes, are capable of creating a public nuisance or hazard to life or are or may
be sufficient to prevent entry into a sewer for its maintenance and repair.  
C.
Any substances which may cause wastewater treatment plant effluent or any other 
products of the County sewerage system, such as residues, sludges, or scum, to be 
unsuitable for the reclamation process. In no case shall a substance discharged into the 
County sewerage system cause the system to be in noncompliance with sludge use or 
disposal criteria, guidelines, ordinance, or regulations developed by local, state or 
federal authorities.  
  
D.
Any substance which will cause the County sewerage system to violate its NPDES permit
or the receiving water quality standards established by the DEM, the EPA or any other 
governmental entity having jurisdiction.  
E.
Any water or wastes which, by interaction with other waters or wastes in the County 
sewerage system, release obnoxious gases, form suspended solids which interfere with 
operation of the sanitary sewers or create conditions deleterious to structures and 
treatment processes.  
F.
Any form of inflow, as defined by §94-3, including storm drainage.  
G.
Infiltration, as defined by §94-3, in excess of 300 gallons per inch of pipe diameter 
per mile of pipe per day.  
H.
Any unpolluted wastewater, as defined in §94-3, except as specifically permitted by 
the County.    
§ 94-18.  Specified Pollutant Limitations
A.
No user shall discharge into any sanitary sewer forming part of the County sewerage 
system any of the following materials in concentrations exceeding the limits stated 
below:  
(1)
Any water or wastes that contain more than 10 mg/l of hydrogen sulphide, 
sulphur dioxide or nitrous oxide.  
(2)
Any toxic or poisonous substance or any other materials in sufficient quantity to
interfere with the wastewater treatment processes or to constitute a hazard to 
humans or animals or to cause a violation of the water quality standards or 
effluent standards for the stream or watercourse receiving the effluent from a 
wastewater treatment plant or to exceed limitations set forth in an applicable 
National Categorical Pretreatment Standard.  
(3)
Any waters containing suspended solids of such character and quantity that 
unusual provisions, attention or expense is required to handle such materials at a
wastewater treatment plant.    
B.
No person shall discharge wastewater containing concentrations of the constituents listed 
in excess of the upper limits listed below or in excess of more stringent standards 
promulgated by the state or EPA for an industrial classification applicable to the user. 
 
 
Fixed Upper Limit for Constituents (per mg/l)  
 
   Constituent  
       
Maximum Instantaneous Concentration (grab sample)  
Maximum Daily Average
(24-hour flow proportional composite sample)     
    Arsenic  
2.0  
1.0   
   Cadmium  
1.2  
0.7   
   Chromium  
2.5  
 
1.0   
   Copper  
2.5  
1.0   
   Cyanide  
 
1.9  
1.0   
   Lead  
0.6  
0.4   
   Mercury  
0.2  
0.1   
   Nickel  
2.5  
1.0   
   Silver  
1.2  
 
0.7   
   Tin  
2.5  
1.0   
    Zinc    
2.5  
 
0.5   
   Total metals  
              10.5  
6.8     
  
C.
The admission into the County sewerage system of any waters or wastes having a BOD 
in excess of 500 mg/l on a 24 hour composite basis or for any single sample having a 
BOD in excess of 1,500 mg/l will be subject to review by the County. Where necessary, 
in the opinion of the County, the user shall provide and operate, at their own expense, 
such pretreatment facilities as may be required to reduce the BOD to meet the above 
requirements.  
D.
The admission into the County sewerage system of any waters or wastes having  
suspended solids content in excess of 500 mg/l on a 24 hour composite basis or 
  
for any single sample having suspended solids content in excess of 1,500 mg/l will be 
subject to review by the County. Where necessary, in the opinion of the County, the user 
shall provide and operate, at their own expense, such pretreatment facilities as may be 
required to reduce the suspended solids content to meet the above requirements.  
E.
The admission into the County sewerage system of any waters or wastes in volumes or 
with constituents such that existing dilution conditions in the sanitary sewers or at a 
wastewater treatment plant would be affected to the detriment of the County sewerage 
system will be subject to review and approval of the County. Where necessary, in the 
opinion of the County, pretreatment or equalizing units may be required to bring 
constituents or volumes of flow within the limits previously prescribed or to an otherwise
acceptable level and to hold or equalize flows so that no peak flow conditions may 
hamper the operation of any unit of the County sewerage system. Said equalization or 
holding unit shall have a capacity suitable to serve its intended purpose and be equipped 
with acceptable outlet control facilities to provide flexibility in operation and 
accommodate changing conditions in the waste flow.  
F.
Upon the promulgation of Federal Categorical Pretreatment Standards for a particular 
industry, the federal standard, if more stringent than limitations imposed by this  
Ordinance, shall immediately supersede the limitations imposed under this Ordinance. 
All affected users shall notify the County of the applicable reporting requirements 
imposed by federal law.  
G.
State requirements and limitations on discharges shall apply in any case where they are 
more stringent than federal requirements and limitations or those of this Ordinance.  
H.
The Board of County Commissioners of Henderson County, North Carolina, reserves the 
right to establish more stringent limitations or requirements on discharges to the County 
sewerage system.    
Article V – Administration
§ 94-19. Right of Entry. 
The County and/or its duly authorized representative(s), bearing proper credentials and identification, shall
be permitted to enter upon all properties of any users for the purpose of inspection, observation, flow
measurement, sampling and testing of wastewaters, sewer service connections or other facilities regulated
in accordance with this Ordinance. 
 
§ 94-20.  Protection of Equipment. 
No person or user shall maliciously, willfully or negligently break, damage, destroy, deface, tamper with or
remove any equipment or materials which are a part of the County sewerage system or which are used by
the County for the purposes of making waste examinations and waste flow measurements or monitoring
and left upon the premises of a person discharging wastes into the County sewerage system. Only persons
authorized by the County will be allowed to uncover, adjust, maintain and remove such equipment and
materials.  
§ 94-21.  Appeals. 
The Board of County Commissioners of Henderson County, North Carolina, shall be the reviewing
authority for all appeals of actions or administrative determinations made by the County under the
provisions of this Ordinance. Notice of an intent to appeal and request for a hearing shall be addressed to
the Chairman of the Board, in writing, and shall detail the nature of the appeal. An early date for such
hearing shall be set by the Board and the appellant promptly notified in writing. The decision of the Board
after such hearing shall be final and conclusive and shall be conveyed to the persons involved in writing.   
Article VI - Enforcement and Penalties
§ 94-22.  Enforcement; Violations and Penalties.  
  
A.
Any user who violates any sections of this Ordinance or applicable state or federal law or
regulations is subject to enforcement action as herein provided or as provided in the 
Henderson County Code, Chapter 1, General Provisions, Article II.  
B.
Every user in violation of the provisions of this Ordinance or applicable state and federal 
laws and regulations or who furnishes false information relative to his use of the County 
sewerage system, whether he directly commits the acts or aids and abets the same and 
whether present or absent, shall be proceeded against and held as a principal.    
§ 94-23.  Actions to Protect the System. 
If a user of the County sewerage system proposes to discharge, discharges or accidentally discharges
wastewaters or any substance in any manner that is in violation of any section of this Chapter or applicable
state or federal laws or regulations, the County Engineer or other duly authorized representative may take
the appropriate action to protect the County sewerage system. 
 
§ 94-24.  Action by Board. 
Action may be taken by the Board upon receiving a report from the County Engineer or other duly
authorized representative outlining details of the user's failure to comply with actions of the County taken
pursuant to § 94-23. The Board may order a user violating this Ordinance to show cause before the Board
why proposed enforcement action should not be taken. The procedure used by the Board shall be as
provided in the succeeding subsections of this section.  
A.
A notice shall be delivered to the user showing:  
(1)
The date, hour and place of the hearing to be held regarding the alleged violation
and any proposed enforcement action.  
(2)
A reference to the particular section or sections of this Ordinance which are 
involved.  
(3)
A short statement of the factual allegations.  
(4)
Any proposed enforcement action.  
(5)
A direction that the user show cause why such proposed enforcement action 
should not be taken.    
B.
Notice of the hearing shall be delivered to the user personally or mailed, by registered or 
certified mail, return receipt requested, at least 10 days before the hearing, to the user or 
any authorized representative of the user.  
C.
The Board may itself conduct the hearing or may designate any one or number of its 
members to conduct the hearing as a hearing officer or officers. When it is impractical for
a hearing officer to conduct the hearing, another hearing officer may be assigned to 
continue with the case, unless it is shown that substantial prejudice to a party will result 
therefrom, in which event a new hearing shall be held or the case dismissed with 
prejudice to the County.    
§ 94-25.  Powers of Hearing Officer and District Board. 
During the course of a hearing and in preparation therefore, the Board or any hearing officer designated to
conduct the hearing may:  
A.
Administer oaths and affirmations.  
B.
Issue, in the name of the Board, notice of the hearing to persons calling for their  
attendance, testimony and production of evidence relevant to any matter involved in such
hearings.  
C.
Regulate the course of the hearing and set the time and place for continued hearings.  
D.
Hear the evidence.  
  
§ 94-26.  Place of Hearing. 
Hearings held pursuant to this Ordinance shall be held in the Board of County Commissioners meeting
room, unless the Board or hearing officer designated to conduct the hearing determines that the obtaining of
evidence will be better facilitated by holding the hearing at the site of the alleged violation of this
Ordinance.  
§ 94-27.  Conduct of Hearing. 
Hearings held pursuant to this article shall be conducted as follows:  
  
A.
A user who is a party to the Board action may file a written answer before the date set for
hearing.  
B.
If a user who is a party to the Board action fails to appear after notice has been served or 
properly mailed and if no adjournment is granted, the Board or a hearing officer may 
proceed with the hearing and make its decision in the absence of the party.  
C.
At any hearing held pursuant to this section, testimony taken must be under oath and 
recorded steno graphically. The transcript, so recorded, will be made available to any 
member of the public or any party to the hearing upon payment of the actual cost to the 
County therefore.  
D.
Users who are parties to the Board action shall be given the opportunity to present 
arguments on issues of law and an opportunity to present evidence on issues of fact.  
E.
Users who are parties to the Board action may cross-examine any witness. A party may 
submit rebuttal evidence.  
F.
At the conclusion of a hearing conducted by a hearing officer, the officer shall transmit a 
report of the hearing, together with recommendations to the Board for action thereon.  
G.
At the conclusion of a hearing conducted by the Board, or upon receipt by the Board of a 
report of hearing from a hearing officer, the Board shall take action pursuant to §94-28.    
§ 94-28.  Final Decision. 
The Board shall make final order. The order shall be made after review of the official record as defined
below in §94-29, shall be in writing and shall include findings of fact and conclusions of law.  
A.
Findings of fact shall be based exclusively on the evidence and on matters officially 
noticed by the Board or hearing officer.  
B.
An order shall not be made except upon consideration of the record as a whole or such 
portion thereof as may be cited by any party to the hearing and shall be supported by 
substantial evidence.  
C.
A copy of the order shall be served upon each party personally or by registered or 
certified mail, return receipt requested, and a copy furnished to his attorney of record.  
D.
Service of all notices or orders contemplated by this article shall be deemed complete 
upon the mailing of the order by registered or certified mail, return receipt requested, 
addressed to the user or to its attorney of record.   
 
§ 94-29.  Official Record. 
The official record of the hearing shall include:  
A.
Notices, pleadings, motions and intermediate rulings.  
B.
Questions and offers of proof, objections and rulings thereon.  
C.
Evidence presented.  
D.
Matters officially noticed, except matters so obvious that a statement of them would serve
no useful purpose.  
E.
Proposed findings and exceptions, if any.  
F.
Any decision, opinion, order, transmittal or report by the hearing officer presiding at a 
hearing and by the Board.   
 
§ 94-30.  Violations and Penalties; Civil Action.  
A.
If, in its order, the Board finds the user is in violation of, fails to comply with or has 
failed to comply with any of the provisions of this Ordinance, including the willful 
furnishing of false information relative to same, it may, in the order, in addition to 
invoking the enforcement actions set forth in §94-22:  
(1)
Subject the user to a civil penalty of not more than $1,000 for each violation, to 
be recovered by the Board in a civil action in the nature of a debt if the user does
not pay the penalty within a prescribed period of time after he has been found to 
be in violation of this Ordinance. When a user has been assessed a civil penalty 
by the Board, he shall be notified of the assessment personally or by registered 
or certified mail, return receipt requested.  
(2)
Require the user making, causing or allowing the discharge to pay any costs or 
expenses incurred by the County, which expenses may include, but not be 
limited to, damage to the County sewerage system, extraordinary monitoring of 
  
the wastes and extraordinary treatment measures or processing imposed on the 
wastewater treatment by said discharge.  
(3)
Require the user making, causing or allowing the discharge to pay any cost or 
expense incurred by the County for any fine or penalty imposed on the County 
by the state or federal government or agency thereof because of a violation of 
the NPDES permit or damage to the environment that is attributed to said 
discharge.  
(4)
Require the user making, causing or allowing the discharge to furnish a bond or 
other security, with terms specified by the Board, to hold the County harmless 
from any loss or expense that the County may incur as a result of such 
noncompliance or any future noncompliance.  
(5)
Recover reasonable attorney's fees and expenses incurred by the Board as a 
result of its employing legal counsel to assist the County Engineer or the Board 
in taking action pursuant to this article of this Ordinance.    
B.
If the user assessed fails to pay the amount of the civil penalty or assessment to the 
County within 30 days after receipt of notice, or such longer period, not to exceed 180 
days, as the Board may specify, the Board may institute a civil action to recover the 
amount of the assessment in the General Court of Justice of the County in which the 
violation occurred or, in the discretion of the County, in the County in which the person 
assessed has his or its principal place of business.   
 
§ 94-31.  Emergency Enforcement Action. 
If the County Engineer or other duly authorized representative determines that an action, a potential action
or a continuing action of a user may create a potential for damage to the County sewerage system, the
receiving stream, the environment, life or health of humans or animals or an interference with treatment
processes at a wastewater treatment plant:  
A.
She or he may recommend to the Board enforcement of this Ordinance as it applies to 
said violation by said user by seeking an appropriate equitable remedy issuing from a 
court of competent jurisdiction.  
B.
The Board may, without providing prior notice to said user, request enforcement of this 
Ordinance as it applies to said violation by said user by seeking an appropriate equitable 
remedy issuing from a court of competent jurisdiction. In such case, the General Court of
Justice shall have jurisdiction to issue such orders as may be appropriate, and it shall not 
be a defense to the application of the Board for equitable relief that there is an adequate 
remedy at law.   
 
§ 94-32.  Billing and Payment Procedures. 
All monthly bills due the County for sewer service shall be payable at the collection office in the
Henderson County Finance Department office or other designated location within 21 days after date of
issue. If any bill remains unpaid for a period of 30 days after being mailed, and if the subject customer is
provided with metered water service by a government entity, the Henderson County Finance Department
shall request that the said government entity turn the customer's water off. In cases in which sewer service
but not water service is furnished to a customer and the bill for such sewer service remains unpaid for a
period of 30 days after being mailed to such consumer, the Henderson County Finance Department may
take any steps which are legal, including but not limited to hiring collectors and filing a court action, to
collect the bills.  
A.
Notice and hearing.  
(1)
The County shall designate a person(s) to hear customer complaints concerning 
overcharges, charges for services not rendered or other billing errors. The 
County's designee is authorized to review disputed bills and to correct any errors
which may appear therein.  
(2)
The County's designee shall notify sewer customers whose service may be 
terminated that the amount shown as due on any such customer's bill may be 
questioned by discussing such bill with a designated official who is authorized 
to correct billing errors. The notice shall include the phone number, office hours
and office location of the designated official. The notice may be given by mail, 
by notice enclosed with a bill, by notice printed on a bill or by similar means.  
  
(3)
Sewer service shall not be terminated for failure to pay a sewer bill until 10 days
after the notice required by this section has been mailed.    
B.
Time and method of payment of sewer fees. All monthly sewer user fees shall be due and
payable at the Henderson County Finance Department office. All sewer permit fees and 
sewer capacity depletion fees and other sewer fees shall be payable at the Henderson 
County Utilities Department/CCWSD. Sewer bills and fees not paid within 30 days after 
the invoice is mailed, in addition to any other penalties provided by law, the County may 
request any government-owned water supplier to cut off from such property the use of 
water, and if such water is obtained from sources of supply other than a government-
owned water system, the discharge thereof into the County's system shall be illegal and 
the owner of the property subject to fine or imprisonment as provided by law.  
C.
Refunds or damages for failure of sewer service. No person shall be entitled to damages 
nor did to have any portion of payment refund for any failure of sewer service due to any
necessary construction or repairs.  
D.
CCWSD sewer bills will still be rendered when the premises is vacant even if the water is
turned off.  
E.
Adjustment of bills inequitable or abnormal due to unavoidable waste. The County may 
adjust and settle inequitable and abnormal sewer bills due to unavoidable waste.  
F.
Billing records for sewer services. The County shall maintain billing records for  
sewer services for a period of 3 years. Adjustments to sewer bills will be based on the 
availability of records. 
Article VII - User Charges and Fees; Permits; Alternatives to Master Water Meter; 
Encroachments; Wastewater Pump Stations and Force Mains
 
§ 94-33.  Purpose. 
It is the purpose of this article to provide for the recovery of costs from users of the County sewerage
system(s) for the implementation of the program established herein and for the construction, operation and
maintenance of said system(s). The County will adopt user charges and fees from time to time as necessary
to meet the system(s) budgetary requirements.  
§ 94-34. Water From Other Than Government-Owned Water System. 
For a property which uses water, all or a part of which is from a source other than a government-owned
water system, there shall be a sewer user charge, separate from and in addition to any sewer user charge
based on the consumption of water from the government-owned water system.  
A.
Such separate or additional sewer user charges shall be measured by the quantity of water
from the source other than the government-owned water system which is discharged into 
the County's sewers from such property. The owner of such property shall install, without
cost to the County, a meter to measure the quantity of water received from a source other 
than the government-owned water system and discharged into the County's sewer. No 
meter shall be installed or be used for such purposes without the approval of the County.  
B.
The owner of such property shall pay for such water so discharged into the County's 
sewers an amount as though all such water came from the government-owned water 
system.  
C.
If the owner of such property fails to install and maintain, at his own expense, an 
approved meter, the County shall make an estimate of the amount of water from sources 
other than the government-owned water system which is discharged into the County's 
sewers from such property, using the consumption from similar operations, and if none, a
formula based upon the operations of the business of the occupant of the premises as a 
standard, and bill such estimated water so discharged into the County's sewer as though 
the same were metered.  
  
§ 94-35. Water Used For Industrial or Commercial Purposes and Not Discharged Into County
System. 
  
A.
Whenever a property upon which a sewer user charge is hereby imposed uses water from 
the government-owned water system for an industrial or commercial purpose so that the 
water so used is not discharged into the County sewerage system, the quantity of the 
water so used and not discharged into the County's sewers shall be excluded in 
determining the sewer user charges of such property and shall be measured by a device 
approved by the County and installed and maintained without cost to the County, and 
provided that the water supply of such property is metered and the owner pays for such 
water at metered rates.  
B.
The sewer user charges are based upon the consumption of government-owned water 
systems. City water to be paid by the owner of such property shall be computed at the 
rates established for sewer service and using a quantity of water equal to the total 
quantity of water furnished such property by the government-owned water system, less a 
quantity not discharged into the County's sewer; provided, however, that where, in the 
opinion of the County, it is not practical to install a measuring device to determine 
continuously the quantity of water not discharged into the County's sewers, the County 
shall determine periodically, in such a way and by such method as it may prescribe, the 
quantity of water discharged into the County's sewers, and the quantity of metered water 
used to determine the sewer user charges shall be the portion so determined of the 
quantity measured by water meter or meters. 
   
§ 94-36.  Fee Schedule. 
All charges, fees and other penalties shall be as determined by the County and set forth in a fee schedule.  
§ 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. 
   
§ 94-38.  Monthly Sewer Service Fee. 
The monthly sewer service fee is a monthly charge which shall be payable to Henderson County by all
users other than municipal use service providers, developer service providers, property owners' association
service providers and public utilities. The amount of this service fee, the manner in which it is calculated
and other particulars in regard to said monthly sewer service 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/trustees of Henderson County's water and sewer districts in a fee schedule. This service fee will
be used in regard to the County's sewerage 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/trustees of Henderson County's water and sewer districts.
§ 94-39.  Monthly Service Fees.  
A.
The monthly municipal sewer service fee is a monthly charge which shall be payable to 
Henderson County by all municipal service providers. The amount of this service fee, the
manner in which it is calculated and other particulars in regard to said monthly municipal
sewer service fees 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/trustees of Henderson County's water and sewer districts in a fee schedule. This
service fee will be used in regard to the County's sewerage 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/trustees of Henderson County's water and sewer districts.  
B.
The monthly developer sewer service fee is a monthly charge which shall be payable to 
Henderson County by all developer service providers. The amount of this service fee, the 
manner in which it is calculated and other particulars in regard to said monthly developer
sewer service 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/trustees 
of Henderson County's water and sewer districts in a fee schedule. This service fee will 
be used in regard to the County's sewerage 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/trustees of 
Henderson County's water and sewer districts.  
C.
The monthly property owners' association sewer service fee is a monthly charge which 
shall be payable to Henderson County by all property owners' association service 
providers. The amount of this service fee, the manner in which it is calculated and other 
particulars in regard to said monthly property owners' association sewer service fees 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/trustees of 
Henderson County's water and sewer districts in a fee schedule. This service fee will be 
used in regard to the County's sewerage 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/trustees of 
Henderson County's water and sewer districts.  
D.
The monthly public utility sewer service fee is a monthly charge which shall be payable 
to Henderson County by all public utilities. The amount of this service fee, the manner in 
which it is calculated and other particulars in regard to said monthly public utility sewer 
service 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/trustees of 
Henderson County's water and sewer districts in a fee schedule. This service fee will be 
used in regard to the County's sewerage 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/trustees of 
Henderson County's water and sewer districts.   
 
§ 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.    
§ 94-41.  Alternatives to Master Water Meter. 
As an alternative to the requirement, found elsewhere in this Ordinance, of installing a master water meter,
the County Utilities Director may approve a different method of capturing the water usage information that
is to be used to calculate the sewer bill(s). Such different method must:  
A.
Accurately measure the subject water usage; and  
B.
Provide the necessary information at minimal or no cost to CCWSD; and  
C.
Be readily available to CCWSD.    
§ 94-42.  Policies Concerning Encroachments. 
Encroachments are required by the North Carolina Department of Transportation (NCDOT) for sewer lines
to be constructed on the NCDOT rights-of-way. In cases where the NCDOT will not grant an encroachment
to a private party (to construct a sewer force main in the NCDOT rights-of-way) without CCWSD signing
the encroachment as the second party, it is the policy of CCWSD to (1) require the private party to sign an
agreement to indemnify CCWSD for any expenses CCWSD incurs due to the encroachment; (2) require the
private party to sign the encroachment as the third party; and (3) after which CCWSD will sign the subject
encroachment as the second party. It is the intent hereof that the private party own the sewer force main and
bear all the expenses associated therewith. CCWSD will resolve problems identified by the NCDOT and
then recover any resulting costs from the private party.  
§ 94-43.  Policies Concerning Wastewater Pump Stations and Force Mains.  
A.
CCWSD will not take ownership of wastewater pump stations/force mains constructed or
proposed by others. Wastewater pump stations/force mains increase operating costs, are 
subject to failure causing spills which degrade the environment and result in fines, can 
cause major problems during storm events, require additional staff, limit sewer service to 
the greater community, and encourage development of marginal property rather that 
directing growth in areas identified by the Board of Commissioners.  
B.
One of goals of the Cane Creek Water and Sewer District (CCWSD) is for the District's 
sewer system to be expanded by developers constructing gravity sewer line extensions. If
it isn't technically possible to serve a proposed project with a gravity sewer line, the 
developer can consider providing the sewer service via a wastewater pump station and 
force main. However, before the CCWSD will consider issuing a permit for a developer 
to construct a wastewater pump station and force main, the developer shall have to meet 
certain requirements, including but not limited to having a North Carolina licensed civil 
  
engineer provide the CCWSD with a letter explaining why it is not technically possible to
serve the proposed property with a gravity sewer line.   
Article VIII - Sewer Extensions
§ 94-44.  General Policy. 
The Board of County Commissioners of Henderson County is empowered under the laws of the State of
North Carolina to own, construct, operate and maintain wastewater collection/treatment systems under
N.C.G.S. 153A-274. The Board has or will establish under this statute systems in several sections of the
County. This policy is established to clearly state the procedure which must be followed in order for the
Board to consider an extension of the County-owned wastewater collection system. This policy will also
govern extensions to CCWSD wastewater collection system which shall be reviewed and approved by the
Board of Commissioners.  
§ 94-45.  Cane Creek Water and Sewer District. 
It shall be unlawful for any person(s), corporation or local government(s), etc., to construct, operate or
maintain a public or private wastewater collection system(s) and/or wastewater treatment facility (ies)
within the specified boundaries of CCWSD without the expressed written approval of the Board of
Commissioners. 
§ 94-46.  Application.  
A.
Any person(s) who wish (es) to extend the County sanitary sewer system must make 
application to the Henderson County Utilities Department on the approved form. Said 
application form shall be completely filled out, properly signed, and notarized.  
(1)
Attached to said application must be a preliminary drawing (prepared by a North
Carolina registered professional engineer) which shows the proposed sewer 
from the existing County-owned or County-controlled sewer line to the subject 
property (and any improvements thereon) on the appropriate Henderson County 
Tax Map.  
(2)
The adjacent property lines, owner's name and deed references for all properties 
affected by the proposed sewer line shall be shown on said drawing.    
B.
Said completed and properly executed application form and the attached drawing must be
submitted to the Henderson County Utilities Department.  
C.
All required CCWSD fees shall be submitted to the Henderson County Utility 
Department at the same time the application is submitted.    
§ 94-47.  Procedure.  
A.
The Board of Commissioners will review an application for a sewer extension and 
determine under what conditions, if any, service may be granted to the applicant. The 
Board of Commissioners, as it deems appropriate, may require the applicant, at his/her 
own expense, to submit information outlining the proposed project and its impact upon 
the existing wastewater collection/treatment system to which it will be connected.  
B.
The proposed project and all facilities proposed for connection to the system must be in 
compliance with this Ordinance.  
C.
It shall be understood by the applicant that County sewer service is subject to a number of
engineering constraints, financial considerations and available treatment capacity. 
Therefore, each application will be reviewed and acted upon based on the current 
circumstances, past operating experiences, future growth considerations and financial 
information associated with the project.    
§ 94-47.1.  Delegation of Authority. 
The Board of Commissioners may, pursuant to a duly adopted resolution, delegate its authority under this
article to the County Manager of Henderson County and in such resolution may restrict or limit such
delegation of authority.  
  
§ 94-47.2.  System Design and Construction. 
Should the Board approve the application for a sanitary sewer line extension, the following steps shall be
taken:  
A.
The applicant must retain the services of a North Carolina registered professional 
engineer to prepare detailed plans and specifications for the proposed extension and the 
applicant shall furnish 2 copies of the said plans and specifications to the Henderson 
County Utilities Department for review. Said plans shall include both plan and profile 
views and clearly identify (by property lines, names of current property owners and deed 
book and page references) all properties which shall be affected during construction of 
the proposed sewer extension. Each sewer line extension shall be constructed within a 
permanent 20 foot wide dedicated permanent easement and within a 40 foot wide 
(unless otherwise approved in writing by the Henderson County Utilities Department in 
advance of construction) dedicated temporary easement, both issued by the landowner, 
and any others with an interest in said property, to Henderson County. Said engineering 
plans shall include both said permanent and temporary construction easements.  
B.
The design of the proposed wastewater collection system shall be in accordance with 
generally accepted engineering standards. The Board may appoint an independent 
professional engineer to act as its agent in reviewing the plans and specifications for the 
County.  
C.
It shall be the applicant's responsibility to obtain all required federal, state and local 
permits for the project. All permits shall be in the name of the Cane Creek Water and 
Sewer District of Henderson County and, when obtained, transmitted to the Henderson 
County Utilities Department.  
D.
It shall be the applicant's responsibility to contact the affected landowners and secure the 
required easements free, clear and unencumbered, and the attorney's title opinion 
addressed to the County that the same is free, clear and unencumbered and to contact any
others with an interest in subject property and to secure any release deeds that may be 
required. Said easements shall be on a form approved and provided by the County. 
Should the landowner refuse to grant the easement or the others with an interest in 
subject property refuse to grant a release deed, the County may intercede on behalf of the
applicant to obtain approval. If the landowner will not execute the easement document 
and/or if the others with an interest in subject property will not execute a release deed, the
County may determine that it is in the public's best interest to proceed under 
condemnation. All legal, engineering and acquisition expenses (including awards by the 
courts) related to obtaining the necessary easements and release deeds shall be the 
applicant's responsibility.  
E.
Once all permits, easements and release deeds have been obtained and accepted by the 
County, the applicant may proceed with construction of the approved facilities.  
F.
During construction, the applicant's design engineer shall make periodic on-site  
inspections to verify proper installation. The County shall retain the right to have its own 
designated representative inspect the progress of the work at any time. Once construction 
is completed, the design engineer shall certify to the applicant and the County that the 
system was installed in accordance with the approved plans and specifications.  
G.
Should the applicant wish to deviate from or change the original, permitted design of said
project, the applicant must first obtain written permission for said change or deviation 
from the County. Failure to do so may be grounds for the County to reject the installation
and to deny sanitary sewer service.  
H.
The applicant shall warranty the facilities constructed for a period of one year from 
defective materials and/or workmanship. The effective date shall be the date of 
certification by the design engineer.  
I.
Once completed and accepted by the County, the applicant shall convey to the County 
(by deed) all ownership and control of all or any part, in the County's discretion, of the 
facilities installed by the applicant and shall furnish to the County one set of Mylar, two 
sets of paper copies, and one electronic copy of the as-built plans.  
  
§ 94-47.3.  Project Financing. 
  
The Board of Commissioners will provide the basic wastewater facilities, including the interceptor sewers,
major sewer lift stations (on interceptor sewer lines) and wastewater treatment facilities for the areas which
it has determined will be served by a County-owned system. Construction of such facilities will be financed
from bond funds, state/federal grant/loan funds, system revenues and other available funds and under a time
schedule determined by the Board.  
A.
The extension of wastewater collection lines from the basic wastewater facilities shall be 
financed in whole or part by the applicant as determined by the Board.  
B.
Once the project has been approved by the Board and all permits, easements and release 
deeds have been secured, the applicant may proceed with construction in either by: 
(1)
The applicant shall deposit with the County his pro rata share of the funds in an 
amount equal to 120% of the design engineer's estimated construction cost. The 
County will secure bids and award construction contracts in accordance with the
N.C.G.S. The engineering, inspection fees and contractor invoices will be paid 
by the County from funds appropriated for the project. Should actual costs 
exceed the funds available, the applicant shall be responsible for covering any 
and all costs overruns unless approved otherwise by the Board; or
(2)
The applicant shall secure a properly licensed utility contractor, approved by the
County, to proceed with the installation. All engineering, inspection fees, and 
contractor, and other invoices shall be paid by the applicant. Should any County 
funds be appropriated to the project, disbursement shall be made to the applicant
on a pro rata basis upon receipt of an invoice certified for payment by the design
engineer, and the applicant shall provide to the County a performance bond for 
the full amount of the project costs.  
 
§ 94-48. Through 94- 75. (Reserved)