94-40. Permits

  1. 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.
  2. 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.
  3. 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.