PART V: UTILITIES

This Ordinance is adopted pursuant to provisions of the N.C.G.S. Chapter 153A, Article 15. This shall apply to all persons who are users of the Cane Creek Water and Sewer District (CCWSD) sewer system and any other sanitary sewer system owned, operated and/or controlled by Henderson County, North Carolina or CCWSD.

The following abbreviations shall have the designated meanings:

• BOD - Biochemical oxygen demand.
• CCWSD - Cane Creek Water and Sewer District.
• CFR - Code of Federal Regulations.
• COD - Chemical oxygen demand.
• DEM - The North Carolina Department of Environmental, Health and Natural Resources, Division of Environmental Management.
• EPA - The United States Environmental Protection Agency.
• l - Liter.
• mg - Milligrams(s).
• mg/l - Milligram(s) per liter.
• MSD - Metropolitan Sewerage District of Buncombe County.
• NPDES - National Pollutant Discharge Elimination System.
• OSHA - Occupational Safety and Health Administration.
• P.L. - Public Law.
• POTW - Publicly owned treatment works.
• SWDA - The Solid Waste Disposal Act.
• SIU - Significant industrial user.
• SS - Suspended solids.
• USC - United States Code.

The following terms are defined for purposes of this Chapter:

1. Accidental Discharge - Any release of wastewater which, for any unforeseen reason, fails to comply with any prohibition or limitation in this Ordinance.
2. Act or The Act - The Federal Water Pollution Control Act (P.L. 92-500), as amended by the Clean Water Act of 1977 (P.L. 95-217), the Clean Water Act of 1987, and as further amended (33 U.S.C. §1251 et seq.).
3. Approval Authority - The Director of North Carolina Department of Environment, Health and Natural Resources, Division of Environmental Management (DEM).
4. Authorized Representative of User
   
   1. A principal executive officer of at least the level of vice president if the user is a corporation.
   2. A general partner or proprietor if the user is a partnership or proprietorship, respectively.
   3. A representative of the user who is responsible for the overall operation of the facilities from which the discharge originates.
   4. Any other duly authorized representative of the user.
5. Biochemical Oxygen Demand(BOD) - The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in 5 days at 20° C. (68° F.) expressed in terms of weight and volume (milligrams per liter).
6. Board - The Board of County Commissioners of Henderson County which serves as the Board of Trustees of CCWSD.
7. Building Sewer or House Connection - The connecting pipe from a building, beginning 5 feet outside the inner face of the building wall, to a sanitary sewer service lateral.
8. Cane Creek Water And Sewer District (CCWSD) - A municipal corporation and body politic and corporate established under N.C.G.S. Chapter 162A, Article 6, to provide public water supply and sanitary sewer service within a geographic area whose boundaries have been established in accordance with said N.C.G.S. Chapter 162A, Article 6. As used in this Ordinance, CCWSD is used to refer to both the District and/or its geographic boundaries.
9. Categorical Standard - National Categorical Pretreatment Standard or pretreatment standard as defined below.
10. City - A municipality and/or its elected officials.
11. Color - Considered to be the true color of the light transmitted by a waste solution after removing suspended material, including pseudo colloidal particles.
12. Combined Sewer - A sewer receiving both surface storm water runoff and wastewater.
13. Constituents - The specific compounds and components which comprise the wastewater.
14. Control Authority - The Board of County Commissioners of Henderson County.
15. Cooling Water - The water discharged from any use, such as air conditioning, cooling or refrigeration, to which the only pollutant added is heat.
16. County - Henderson County and/or CCWSD.
17. County Engineer - A professional engineer registered in the State of North Carolina retained or employed by the County to advise on matters concerning the construction, operation and/or maintenance of its County sewerage system or any other person designated by the County.
18. County Sewerage System - Any sewerage system owned, operated and/or controlled by the County.
19. Developer Service Provider - A developer that owns a sewerage system (that serves or is intended to serve properties owned by separate parties) which discharges into a sewerage system owned or controlled by Henderson County, CCWSD or any other sewer district created and owned by the County.
20. Developer User - Any user who is either a developer service provider or a sewerage customer of a developer service provider.
21. Direct Discharge - The discharge of treated or untreated wastewater directly to the waters of the State of North Carolina.
22. Domestic Waste - All liquid and waterborne pollutants, as defined below, exclusive of unpolluted wastewater as defined below or wastewater as defined below or wastes from processes or operations of industrial users as defined below.
23. Environmental Protection Agency or EPA - The United States Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said Agency.
24. Flammable - As defined in §94-17A of this Ordinance.
25. Grab Sample - A sample which is taken from a waste stream on a 1 time basis with no regard to the flow in the waste stream and without consideration of time.
26. Holding Tank Waste - Any waste from holding tanks, such as vessels, chemical toilets, trailers, septic tanks, vacuum pump tank trucks and septic tank haulers.
27. Indirect Discharge - The discharge or the introduction of nondomestic pollutants from any source regulated under the Act into the County sewerage system, including holding tank waste discharged into the sewerage system.
28. Industrial User - A user who discharges industrial waste, as that term is defined, into the County sewerage system.
29. Industrial Waste - The liquid and waterborne pollutants resulting from the processes or operations employed in industrial establishments.
30. Infiltration - The water entering sanitary sewers and building sewers from the soil through defective joints, broken or cracked pipe, improper connections, manhole walls or other defects in the County sewerage system as that term is defined above. Infiltration does not include and is distinguished from inflow.
31. Inflow - The water discharged into sanitary sewers and building sewers from such sources as roof leaders, cellar and yard area drains, foundation drains, commercial and industrial discharges of unpolluted wastewater as defined below and drains from springs and swampy areas. It does not include and is distinguished from infiltration.
32. Interference - The inhibition or disruptions of the wastewater treatment process (or operations or acts or discharges) which may cause damage to any portion of the County sewerage system or which contribute to a violation of any requirement of any permit regulating the operation of the County sewerage system, including a NPDES permit. The term includes interference with sewage sludge use or disposal in accordance with state or federal criteria, guidelines or regulations or any state or federal criteria, guidelines or regulation or any state or federal sludge management plan applicable to the method of disposal or use employed by the County sewerage system.
33. Master Sewer Permit - A permit issued to municipal service providers, public utilities, developer service providers, or a property owners' association service provider to allow a common sewer connection authorized by §94-8B of this Ordinance to connect into the County sewerage system. The master sewer permit may only be issued to municipal service providers, public utilities, developer service providers, or property owners' association service providers who own, operate, and maintain the sewage collection system serving the separate properties in question. Payment of all applicable fees shall be required prior to issuance of the master sewer permit. Individualized sewer permits for all customers served by the common connection shall be required pursuant to §94-40B
34. Municipal Service Provider - An incorporated town, municipality or village or a sewerage district established under N.C.G.S, Chapter 162A, which owns or controls a sewerage system (that serves or is intended to serve properties owned by separate parties) which discharges directly or indirectly into a sewerage system owned or controlled by Henderson County, CCWSD or any other sewer district created by the County.
35. Municipal User - Any user who is either a municipal service provider or a sewerage customer of a municipal service provider.
36. National Categorical Pretreatment Standard or Pretreatment Standard - Any regulation containing pollutant discharge limits promulgated by the EPA.
37. National Pollutant Discharge Elimination System Permit or NPDES Permit - A permit issued by the State of North Carolina regulating the discharge of wastewater into the surface waters of the state.
38. New Source - Any source, the construction of which is commenced after the adoption of this Ordinance.
39. Normal Domestic Waste - A waste having average concentrations of 300 mg/ l of BOD or less and 300 mg/l of suspended solids or less as determined by samples taken before entering the County sewerage system.
40. Person - Any individual, firm, company, association, corporation, governmental agency, board, commission or Municipal Corporation other than the County.
41. pH - The logarithm of the reciprocal of the concentration of hydrogen ions in moles per liter of solution. Stabilized pH is that determined after a sample of waste has been subjected to natural aeration.
42. Pollutant - Any solid waste, chemical waste, biological material, radioactive material, thermal waste or industrial, municipal or agricultural waste discharged into water.
43. Pollution - The man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water.
44. POTW Treatment Plant - That portion of the POTW designed to provide treatment to wastewater.
45. Pretreatment - The lawful reduction of the amounts of pollutants, the elimination of pollutants, the alteration of the nature of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to discharging or otherwise introducing such pollutants into the County sewerage system.
46. Pretreatment Requirement - Any substantive or procedural requirement related to pretreatment other than a National Categorical Pretreatment Standard imposed on an industrial user.
47. Private Wastewater Disposal System - Any facilities for wastewater treatment and disposal not owned by a governmental entity
48. Properly Shredded Garbage - The organic wastes resulting from the preparation, cooking and dispensing of foods that have been shredded to such a degree that all particles will be carried freely under flow conditions normally prevailing in sanitary sewers, with no particle being greater than 1/2 inch in any dimension.
49. Property Owners' Association Service Provider - A property owners' association that owns a sewerage system (that serves or is intended to serve properties owned by separate parties) which discharges into a sewerage system owned or controlled by Henderson County, CCWSD or any other sewer district created and owned by the County.
50. Property Owners' Association User - Any user who is either a property owners' association service provider or a sewerage customer of a property owners’ association service provider.
51. Publicly Owned Treatment Works or POTW - All facilities owned by the County, MSD or any of the governmental units within the County for collecting, pumping, treating or disposing of wastewater. This definition includes the POTW treatment plants and any sewers that convey wastewater to the POTW treatment plants (sewerage system).
52. Public Sewer - County sewerage system or any sewerage system owned or controlled by any governmental entity.
53. Public Utility- A public utility, which is regulated by the North Carolina Utilities Commission, that owns a sewage collection system (that serves or is intended to serve properties owned by separate parties) which legally discharges the sewage therefrom into the County sewerage system.
54. Public Utility User - Any user who is either a public utility or a sewerage customer of a public utility.
55. Public Water System - A government-owned water system.
56. Receiving Stream - That body of water, stream or watercourse receiving the discharge from a wastewater treatment plant or that body of water, stream or watercourse formed by the effluent from a wastewater treatment plant.
57. Sanitary Sewage - Sewage excluding process wastes from industrial users.
58. Sanitary Sewer - A public sewer that carries liquid and waterborne wastes from residences, commercial buildings, industrial plants and institutions, together with minor quantities of ground- and surface waters that are not intentionally admitted.
59. Sanitary Sewer Service Lateral - The sewer pipe which is connected on one end to the sanitary sewer and on the other end to the building sewer.
60. Sewage - A combination of water-carried wastes from residences and industrial users (wastewater).
61. Sewer - A pipe or conduit for carrying wastewater.
62. Sewerage System - All facilities for collecting, pumping, treating and disposing of wastewater (POTW).
63. Significant Industrial User or SIU- Any industrial user of the POTW who:
    
    1. Has a discharge flow of 25,000 gallons or more per average workday;
    2. Has a discharge which is greater than 5% of the hydraulic flow or organic design capacity of the POTW;
    3. Has a discharge which contains toxic pollutants or priority pollutants as defined in the Act or federal or North Carolina law, statutes, rules or regulations;
    4. Is found by the County, the approval authority, or the EPA to have significant impact, either singly or in combination with other contributing industries, on the County sewerage system, the quality of sludge, the system's effluent quality or air emissions generated by the County sewerage system.
64. Sludge - Any discharge of water or wastewater for any duration during which the rate of flow or concentration of any constituent increases to such magnitude so as to adversely affect the operation of the County sewerage system or the ability of the wastewater treatment plants to meet applicable water quality objectives.
65. Standard Industrial Classification or SIC - A classification of an industry based on its product or service.
66. Standard Methods - The analytical procedures set forth in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, or EPA Methods for Chemical Analysis of Water and Wastes.
67. State - The State of North Carolina.
68. Storm Sewer or Storm Drain - A sewer which carries storm waters and surface waters and drainage, but which excludes sanitary sewage and polluted industrial wastewater.
69. Stormwater - Any flow occurring during or following any form of natural precipitation and resulting therefrom.
70. Strength Of Waste - The concentration of pollutants or substances contained in a liquid waste.
71. Subdivision - A development of 2 or more single-family residences intended for owner occupancy with individual residences located on individual lots.
72. Suspended Solids - The total solid matter that either floats on the surface of or is suspended in water or liquid waste and which is removable by laboratory filtration.
73. Toxic Pollutant - Any pollutant or combination of pollutants listed as toxic in federal or state law or regulations promulgated by the EPA.
74. 24 Hour Flow Proportional Composite Sample or Composite Sample- A sample consisting of at least 8 portions collected during a 24 hour period or the total period of waste flow if less than 24 hours in which the sample portions are collected proportionate to the flow and proportionately combined into a single sample. Alternate sampling requirements may be established in a user's permit to discharge industrial wastes and/or by the approved authority.
75. Unpolluted Wastewater:
    
    1. Any wastewater which is substantially free of pollutants and is discharged from the following:
       
       1. Rain downspouts and drains.
       2. Footing drains.
       3. Storm- and surface water drains.
       4. Cooling water systems.
    2. Unpolluted wastewater shall contain, by definition, none of the following:
       
       1. BOD in excess of 10 mg/l.
       2. Suspended solids in excess of 10 mg/l.
       3. Free or emulsified greases or oils.
       4. Acids or alkalis.
       5. Phenols or other substances imparting taste or odor to receiving waters.
       6. Toxic or poisonous substances.
       7. Noxious or odorous gases.
       8. Temperature which exceeds 60° C. (or 140° F.) at its introduction into a storm sewer or which exceeds 40° C. (104° F.) at its introduction into a receiving stream.
    3. "Unpolluted wastewater" shall also mean any wastewaters judged by the DEM to be admissible to streams and watercourses under the jurisdiction of the DEM and in accordance with the standards of water quality established by the DEM for the particular stream or watercourse into which such unpolluted wastewater is to be discharged.
76. User - Any person, who directly or indirectly discharges, causes or permits the discharge of wastewater into the County sewerage system, including, but not limited to, municipal users and public utility users.
77. Wastewater - Sewage.

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.

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.

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.

1. 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.
2. 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.
3. 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).

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.

1. 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.
2. 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.
3. 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.
      
      1. 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).
      2. 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.
4. 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.
5. 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.
6. 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).

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.

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.

Street sanitary sewers will be constructed to general engineering standards.

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.

1. 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.
2. 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.

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.

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.

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.

1. 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.
2. 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.).
3. Wastewater containing floatable oil, fat or grease from industrial plants.
4. Any garbage that has not been properly shredded so that no particles are any greater than 1/2 inch in any dimension.
5. 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.
6. 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.

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:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. Any form of inflow, as defined by §94-3, including storm drainage.
7. Infiltration, as defined by §94-3, in excess of 300 gallons per inch of pipe diameter per mile of pipe per day.
8. Any unpolluted wastewater, as defined in §94-3, except as specifically permitted by the County.

1. 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.
2. 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)

3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.

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.

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.

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.

1. 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.
2. 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.

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.

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.

1. 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.
2. 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.
3. 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.

No person, other than a County employee or the County's authorized agent, may remove recyclable

material from a recycling collection center.

The Solid Waste Advisory Committee shall establish a system of classification for classes of solid waste

that shall be consistent with a system of classification in the Solid Waste Management Plan. The

classification system shall be used as a basis for requiring that solid waste be delivered to an appropriate

County disposal facility in accordance with the Solid Waste Management Plan.

Hearings held pursuant to this article shall be conducted as follows:

1. A user who is a party to the Board action may file a written answer before the date set for hearing.
2. 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.
3. 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.
4. 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.
5. Users who are parties to the Board action may cross-examine any witness. A party may submit rebuttal evidence.
6. 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.
7. 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.

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.

1. Findings of fact shall be based exclusively on the evidence and on matters officially noticed by the Board or hearing officer.
2. 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.
3. 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.
4. 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.

The official record of the hearing shall include:

1. Notices, pleadings, motions and intermediate rulings.
2. Questions and offers of proof, objections and rulings thereon.
3. Evidence presented.
4. Matters officially noticed, except matters so obvious that a statement of them would serve no useful purpose.
5. Proposed findings and exceptions, if any.
6. Any decision, opinion, order, transmittal or report by the hearing officer presiding at a hearing and by the Board.

1. 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.
2. 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.

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:

1. 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.
2. 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.

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.

1. 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.
2. 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.
3. 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.
4. CCWSD sewer bills will still be rendered when the premises is vacant even if the water is turned off.
5. 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.
6. 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.

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.

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.

1. 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.
2. 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.
3. 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.

1. 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.
2. 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.

All charges, fees and other penalties shall be as determined by the County and set forth in a fee schedule.

1. 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.
2. Commissioners or as Directors of Henderson County's water and sewer districts. 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.

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.

1. 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.
2. 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.
3. 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.
4. 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.

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.

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:

1. Accurately measure the subject water usage; and
2. Provide the necessary information at minimal or no cost to CCWSD; and
3. Be readily available to CCWSD.

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.

1. 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.
2. 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.

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.

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.

1. 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.
2. Said completed and properly executed application form and the attached drawing must be submitted to the Henderson County Utilities Department.
3. All required CCWSD fees shall be submitted to the Henderson County Utility Department at the same time the application is submitted.

1. 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.
2. The proposed project and all facilities proposed for connection to the system must be in compliance with this Ordinance.
3. 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.

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.

Should the Board approve the application for a sanitary sewer line extension, the following steps shall be taken:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.

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.

1. 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.
2. 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.

This article shall be known and may be cited as the "Henderson County Ordinance for the Regulation of Incineration Facilities." This article shall apply to all unincorporated areas of Henderson County and to those incorporated areas of any city or town specifically requesting its enforcement by Henderson County upon the consent of the Henderson County Board of Commissioners. (In making such a request, the city or town must comply with the requirements of N.C.G.S. 153A-122.)

The purpose of this article is to:

1. Regulate the location, operation and management (including the storage, transfer, treatment and disposal of waste and by-products) of incineration facilities with a total incineration capacity greater than 250 pounds per hour.
2. Assure that competent management, environmental and safety practices are used in waste incineration.
3. Assure that the operation of such facilities in Henderson County poses no unreasonable threat to the water, land and air resources of Henderson County.
4. Assure that all by-products of incineration, including fly ash, bottom ash and plant emissions, are in compliance with the quantitative limits for materials as specified in the North Carolina Administrative Code, Title 15A.

1. Any person, corporation or other entity desiring to operate an incinerator in Henderson County shall prepare and file an incineration permit application with the County Commissioners. Such permit application shall include all documents submitted to the United States of America, or any department or agency of the government thereof, and to the State of North Carolina regarding such incinerator, which such entity desires to operate in Henderson County.
2. For the purpose of this article, the term "incinerator" is defined as any combustion device that burns more than 250 pounds per hour of any fuel other than the classical boiler fossil fuels, such as natural gas, coal or fuel oil. This definition does not apply to afterburners, flares, fume incinerators and other similar devices used to reduce process emissions of air pollutants.
3. Any permit issued hereunder shall not be transferable to any other entity without approval of the Henderson County Board of Commissioners.
4. The application shall contain the following information and declarations:
   
   1. A complete and full description of the entity desiring to operate such incinerator, including, but not be limited to, the following: information on its financial status and a detailed history of all of the applicant's past activities in the field of incineration, including a synopsis of every other facility it has built or operated. Such synopsis shall include a detailed account of any citations received by the applicant, including a copy thereof, as well as a detailed accounting of all past and pending litigation, regardless of its outcome, including copies of all documents included in any court file, and any claims made against the applicant. The application shall include the same information as listed herein for any subsidiary or other entity in which the applicant has an ownership interest of at least 5% of the applicant.
   2. The applicant shall submit copies of policies or an irrevocable commitment to insure as evidence of insurance for any liability incurred by the applicant in the operation of the incinerator upon the grant of a license hereunder. The policy of insurance (or commitment to insure) shall be an occurrence-based policy and shall require an annual payment of premium. Such policy (or commitment to insure) shall have a minimum limit of liability in the amount of $10,000,000. Insurance coverage or performance bonding at the operator's expense must be provided after any potential permanent shutdown with minimum 5 year coverage suggested.
   3. A statement of the anticipated benefits, both to the applicant and Henderson County, which will result from the project.
   4. A description of the scope of the proposed project, including an estimated schedule of how much and what kinds of waste the facility would accept, where the waste would come from, what pretreatment and separation will be required of wastes unacceptable to the facility without such pretreatment or separation and how long the facility is expected to operate. This description shall also include a detailed statement of the proposed on-site storage facilities for materials to be incinerated.
   5. A statement of anticipated annual site operation expenses and an estimate of such expenses for the lifetime of the project.
   6. A statement of the proposed method of financing the project, from development through operation and closure stages, including a list of all sources of financing, including their names, addresses and the extent and type of each source's commitment.
   7. A statement of qualifications of all management personnel to be employed at the site and the proposed number and job descriptions of all employees at the site, including information on the training and experience required for each position and safety precautions undertaken for the protection of personnel.
   8. The anticipated date to begin construction.
   9. The anticipated date to begin operation.
   10. A description of emergency procedures and safety precautions that will be in use at this facility. This description should include details on emergency assistance and emergency medical treatment that could be required from County medical facilities, the Henderson County Rescue Squad and County Fire Departments.
   11. A description of emergency procedures and safety precautions that will be in use at this facility. This description should include details on emergency assistance and emergency medical treatment that could be required from County medical facilities, the Henderson County Rescue Squad and County Fire Departments.
   12. A statement of approval of preliminary or final plans for the proposed facility by any state or federal agencies having review authority, by any fire department or departments who would respond to an emergency at such site, by the Henderson County Rescue Squad, the Henderson County Department of Emergency Medical Service, the Henderson County Sheriff's Office and the Henderson County Inspection Department.
   13. A statement by the applicant agreeing to pay all costs of providing any special equipment or training required by County emergency services (such as but not limited to hazardous environmental protective fire suits) required as a result of the construction or operation of the incinerator.
   14. A description of the environmental protection measures to be taken by the applicant to prevent contamination in and around the facility, the plant site and the County.
   15. A detailed description of planned monitoring systems for emissions or by- products of the incinerator. Such description should include a statement of the specific chemical compounds and elements to be monitored and the instrumentation for such monitoring and that such instrumentation meet the minimum operating standards described in North Carolina Air Quality Regulations, Title 15A of the North Carolina Administrative Code.
   16. A statement of the maximum expected start-up and shutdown times.
   17. A description of environmental protection measures to be used during transportation of materials to and from the facility, with an estimated annual budget for these arrangements and an estimate of the volume of material to be transported during each year of operation.
   18. A detailed description of the site closure plan for the facility and the anticipated date of closure.
   19. The plan for post-closure care, including site decontamination.
   20. A sworn statement that the applicant declares that it has examined the application and all attachments and that to the best of the applicant's knowledge and belief all information contained therein is correct and complete.
5. Maps of the proposed site (including any property upon which the incinerator, or any other activity connected with the incinerator, is to be located or conducted) and other written material attached to the application shall be provided which shall include, but is not limited to, the following information:
   
   1. Ownership:
      
      1. The name and address of the owner and/or agent of the property upon which the incinerator, or any other activity connected with the incinerator, is to be located.
      2. Description of any existing rights-of-way or easements affecting the property upon which the incinerator, or any other activity connected with the incinerator, is to be located.
      3. A certified copy of all restrictive covenants affecting the property upon which the incinerator, or any other activity connected with the incinerator, is to be located.
   2. Description. Location of property by Tax Map property identification number and the legal description of the property. This description should include a reference to the deed book and page or other evidence of title of the current property owner.
   3. Features. Each map shall contain the following:
      
      1. Drawn to a scale of not less than 200 feet to the inch.
      2. Location sketch map showing relationship of the project to the surrounding area.
      3. Graphic scale, date, North arrow and legend.
      4. Location of the property represented by the map with respect to surrounding property and roads and the names and addresses of adjacent property owners according to County tax records.
      5. Zoning classification of the proposed project and adjacent property.
      6. The location of all boundary lines of the property as surveyed.
      7. The total acreage of land in the project.
      8. The location of existing and/or platted streets, easements, buildings, railroads, cemeteries, bridges, sewer lines, waterlines, culverts, wells and gas and electric transmission lines.
      9. The location of all water bodies, water courses, groundwater aquifers, springs and other pertinent features evident from a visual inspection of the property.
      10. The location, dimensions and acreage of all property proposed to be set aside for various uses on the applicant's property, together with a statement of each use for each area.
      11. The location of all test wells and/or borings.
      12. The location of the 100 year floodplain and any existing records of flood, including inundation due to dam break.
      13. The location of any historic properties and grave sites on the property represented by the map, including any plans for relocation of graves and properties having historical significance.
   4. Geological map. A map showing the location of faults, dikes, sills and other pertinent geologic features, including, but not limited to, the following: bedrock type and strike and dip of any mappable bedding; the depth and degree of weathering (saprolite); identification and location of clay as to thickness, type and permeability; and location of the water table as to approximate depth, gradient and surface configuration.
   5. Topographic map. A topographic map with contours at vertical intervals of not more than 5 feet at the same scale as the project site map. Date, method of preparation and preparer of said map shall be stated on such map.
   6. Transportation route map. A map showing proposed transportation routes to and from the facility site for materials to be incinerated, including the location of towns and emergency and safety facilities. Such map shall include an estimate of the volume of material to travel on each route.
6. The application shall state the applicant's plans for dealing with the following factors with regard to, but not limited to, on-site storage and/or disposal:
   
   1. Contaminant flow to water table, including leachate monitoring, collecting and withdrawal systems, clay and synthetic liners (extra thickness, multiple liners), spill prevention and containment measures.
   2. Contaminant movement with groundwater, including groundwater monitoring systems at the site and in a potentially affected area; subsurface slurry wall barriers control and other groundwater withdrawals in the area.
   3. Predictability of contaminate movement, based on preconstructed boring and groundwater modeling.
   4. Potential surface water effects: planned exclusion systems for surface water run- on; planned collection systems for surface water runoff, including wash water used in the cleaning process and in transport equipment and areas.
   5. Potential effect on aquifers; planned provisions for alternate water supply systems and facilities for immediate pumping and treatment of contaminated water.
   6. Potential effect on public water supply; planned runoff collection and treatment and provisions for alternate supply systems.
   7. Possibility of site flooding; planned special facility design, special control dikes and buffer zone setback in area of standard project flood area.
   8. Potential human exposure to treated wastewater, including planned safety procedures, clothing, instruction and practice for employees; planned oversized or redundant treatment capacity, effluent monitoring and automatic shutdown systems.
   9. With respect to incineration, the nature and predictability of pollution movement, including planned height for stacks with continuous stack and plume monitoring instrumentation.
   10. Detailed description of plans to segregate incompatible wastes.
   11. The applicant's plan for ensuring the exclusion from the incinerator of the following incinerator feedstock:
       
       1. All waste materials classified by the United States of America (or any department or agency of its government) or the State of North Carolina as hazardous or toxic or radioactive.
       2. Medical waste.
       3. Any other waste type or category designated as excluded by the County Commissioners and any materials determined to be toxic or hazardous subsequent to the granting of a permit.
7. The applicant shall submit a plan to ensure that process data is monitored and recorded. Such data will be delivered to the responsible person or persons as designated by the Henderson County Board of Commissioners on the first business day of each week for review and permanent storage.
8. The above listed application information shall be assembled, indexed, bound and labeled. 10 copies shall be prepared for review by the County. Any items not submitted shall be identified along with an explanation of why that item was omitted or when information would be forthcoming.

1. The application shall be accompanied by an initial permit application fee in the amount of $10,000. The County shall then determine whether any additional application fee will be necessary and notify the applicant. The maximum application fee shall be $150,000. The amount of the additional application fee, if any, shall be the amount the County anticipates that will be necessary to reimburse the County as stated below. Any additional fee required hereunder shall be paid by the applicant to the County within 45 days of notification of the amount of such fee by the County. All application fees shall be held by the County in trust.
   
   1. Such fees shall be drawn upon by the County to reimburse the County for the costs of any professional assistance that the County in its sole discretion determines that it requires to evaluate the permit application and amendments, verify its contents and evaluate the impact of the proposal on the community, public health and environment, and any other costs incurred by the County in processing the application.
   2. Any funds not expended by the County in the review of the permit application shall be returned to the applicant at the time of the final decision as to whether or not to issue the permit.
2. No action will be taken by the County officials or Boards until the funds for the application fee have been remitted by the applicant to the County and payment has cleared the banks and the funds have been posted to the trust account as stated above.

1. The applicant shall submit to the Board of County Commissioners 10 copies of all information required by federal and state agencies for the proposed facility. The review procedure shall not begin nor shall the application be designated as complete until such time as all required data are submitted and the appropriate fees are paid.
2. Upon submission of the completed application and the payment of the application fee, the Board of Commissioners shall have 30 days in which to determine if the application is complete and shall mail notice of its determination to the applicant. If it is not complete, the applicant will have 30 days to complete the application unless an extension for cause is granted by the Board of County Commissioners; after 30 days, the County may return the uncompleted application and accompanying fees to the applicant.
3. Each application shall be reviewed by the County staff and/or by such consultant or designated Board as determined by the Board of Commissioners. Such analysis shall be made within 90 days of receipt of a completed application, unless an extension is warranted and granted by the Board of County Commissioners. Upon completion of the analysis, a report shall be made at the next regular meeting of the County Commissioners.
4. Within 45 days from the date the report is presented, the Commissioners shall hold a public hearing for comment on the proposed permit along with the analysis of County staff and consultants. The purpose of such hearing shall be for public comment on the proposed facility. Within 15 days prior to the hearing, notice of the time and place of the hearing shall be sent to all adjacent property owners of the proposed site. Notice shall also be published in a newspaper of local circulation. If the date of the hearing does not coincide with a regular evening meeting, then another evening hearing date shall be set.
5. Within 60 days of the hearing, the Board of County Commissioners shall make its decision to grant the permit, deny it or grant it with specified conditions. In making such determination, the Board of Commissioners shall determine:
   
   1. That the construction and operation of the facility will not pose an unreasonable risk to the health and welfare of Henderson County or to site operating personnel.
   2. That the applicant or facility operation has the capability and financial resources to construct, operate and maintain the facility.
   3. That the applicant or operator has taken or consented in writing to take any and all reasonable measures to comply with applicable federal, state and local regulations and ordinances.
   4. That the applicant's plan represents an adequate method, based upon accepted technology, for handling the waste for which the applicant will be permitted and that it appears the applicant has demonstrated that it will provide competent management, and the best safety practices will be employed in handling the waste at the proposed facility.
6. The applicant has 18 months from the date of issuance of a permit to begin construction and 24 months from the beginning of construction to complete the facility and bring it on line. Extensions to these requirements may be granted by the Board of County Commissioners for cause.

A privilege license tax, in an amount to be set annually by the Commissioners, will be required and paid annually in conformity with N.C.G.S. 153A-152.1. The privilege license tax will be in direct proportion to the costs incurred by Henderson County to monitor the facility to ensure compliance with the regulations contained herein and the amount necessary to prepare Henderson County to respond to emergencies which may result from any emergency caused by the facility.

Emissions from all incinerators subject to regulation hereunder shall not exceed the most restrictive

provisions of the Toxic Air Pollutant Guidelines as given in the most current North Carolina Administrative

Code, Title 15A, or its subsequent equivalent documents.

Pursuant to the power vested in the County by N.C.G.S. 153A-123, the County, through its responsible officers, shall enforce the provisions of this article to ensure and safeguard the public health, safety and welfare. Violations of this article shall be subject to the penalties provided in Henderson County Code, Chapter 1, General Provisions, Article II, except that the civil penalty for violations of this article shall be $5,000.

1. The purpose of this article is to protect human health and the environment by regulating the storage, collection, transportation and disposal of solid waste in Henderson County, to provide environmentally sound, cost-efficient solid waste disposal and to provide for the safe operations at the County facility.
2. This article is adopted under the authority of N.C.G.S. 153A-121, 153A-132.1, 153A-136, 153A, Article 15 and 130A-309.09A, 130A-309.09B, 130A-309.09C and 130A-309.09D.
3. Unless otherwise indicated, the ordinance applies to publicly owned municipal solid waste management facilities located in Henderson County and to all unincorporated areas of the County. Additionally, this article shall apply to those incorporated areas of any city or town specifically requesting its enforcement by Henderson County upon the consent of the Henderson County Board of Commissioners. (In making such a request, the city or town must comply with the requirements of N.C.G.S. 153A-122.)

The Henderson County Board of Commissioners shall administer, interpret and enforce the provisions of this article by and through the Solid Waste Director or his representatives. For the purpose of this article, "representative" shall mean any employee within the Solid Waste Department unless otherwise designated by this article.

This article shall be known and be cited as the "Henderson County Solid Waste Ordinance."

1. For purposes of this article, the following terms, phrases, words and their derivatives shall have the meanings given herein. When not consistent with the context, words used in the present tense include the future tense; words used in the plural include the singular, and words in the singular include the plural. The word "shall" is always mandatory and not merely directive.
2. The following terms are defined for purposes of this chapter:
   
   1. Board - The Board of Commissioners of Henderson County, North Carolina.
   2. Bulky Waste - Large items of solid waste, such as white goods, furniture (excluding cushions), large auto parts, trees, large blocks of concrete and asphalt, stumps and other oversize waste whose large size precludes or complicates their handling by normal solid waste collection, processing or disposal methods.
   3. Civil Penalty - A monetary fine assessed according to a schedule adopted by the Henderson County Solid Waste Department due to a violation of this article.
   4. Collector - Any person who picks up or hauls solid waste or recyclable materials for a fee.
   5. Commercial Establishment - Any retail, wholesale, institutional, religious, governmental, service establishment or other nonresidential establishment which may generate garbage, litter or other solid waste.
   6. Commission - The Environmental Management Commission.
   7. Composting - The controlled decomposition of organic waste by naturally occurring bacteria, yielding a stable, humus-like, pathogen-free final product.
   8. Construction or Demolition - When used in connection with waste or debris means solid waste resulting solely from construction, remodeling, repair or demolition operations on pavement, buildings or other structures.
   9. Corrugated Cardboard - Non waxed paper boxes and other thick layered brown paper, formed with grooves and ridges, used in shipping or in which shipped goods are received.
   10. County - Henderson County.
   11. Covered - Encased by a tarpaulin, camper cover, metal cover, rigid cover, plastic, canvas or other suitable material, which is secured to prevent spillage, leakage or materials from blowing from the vehicle. Solid waste in plastic bags shall not be considered covered.
   12. Department - The North Carolina Department of Environment, Health and Natural Resources.
   13. Dwelling - Any residential unit housed in a building used for residential purposes or manufactured homes or a structure used for residential purposes on any property.
   14. EPA - The United States Environmental Protection Agency.
   15. Facility - Solid waste management facility, including the landfill, transfer station, recycling center, wood waste mulching area and other designated areas located at 191 Transfer Station Drive, Hendersonville, NC. 28791.
   16. Garbage - All putrescible wastes, including animal offal and carcasses, and recognizable industrial by-products, but excluding sewage and human waste.
   17. Hauler - Any person, permitted or not, who collects and transports refuse or other solid wastes or recyclable materials on public or private streets in Henderson County.
   18. Hazardous Refuse - Includes any rusted, jagged appliances or machinery, specifically, iceboxes and refrigerators, whose doors have not been properly dismantled, or which has been determined by the Solid Waste Director to constitute a health or safety hazard.
   19. Hazardous Waste
       
       1. A solid waste or combination of solid wastes which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or increase in serious irreversible or incapacitating reversible illness or pose a substantial problem or potential hazard to human health or the environment if improperly treated, stored, transported or disposed of or otherwise managed.
       2. Any substance classified as a hazardous waste by the EPA.
   20. Individual - Any person, organization, business or other entity generally capable of owning real estate.
   21. Industrial Waste - All waste, including garbage, solids, semisolids, sludge and liquids created or generated by factories, processing plants or other manufacturing enterprises.
   22. Microbiological Waste - Cultures and stocks of infectious agents, including but not limited to specimens from medical, pathological, pharmaceutical, research, commercial and industrial laboratories.
   23. Mixed Paper - Envelopes, catalogs, bulk mail, magazines, computer paper, copy paper, file folders, phone books, gray cartons, adding machine tapes, letters, scratch pads, soft-covered books and other material as defined by the Recycling Center Manager.
   24. Open Burning - Any fire whose products of combustion are emitted directly into the outdoor atmosphere without passing through a stack or chimney, approved incinerator or other similar device.
   25. Open Dump - The consolidation or collection of solid waste from 1 or more sources at a disposal site which has unsanitary conditions, insignificant or no cover or insignificant or no management. This term shall include any disposal area which has not been approved by the Department.
   26. Pathological Waste - Human tissues, organs and body parts and the carcasses and body parts of all animals that were known to have been exposed to pathogens that are potentially dangerous to humans during research, were used in the production of biologicals or in vivo testing of pharmaceuticals or that died with a known or suspected disease transmissible to humans.
   27. Permit - Written authorization from the Solid Waste Director to haul solid waste or recyclable material in Henderson County for hire or compensation.
   28. Permitted Hauler - Any solid waste or recyclable material hauler authorized by the Solid Waste Director to transport refuse, solid waste or recyclable material for hire or compensation.
   29. Person - Any individual, firm, organization, partnership, corporation, company or unincorporated association.
   30. Putrescible Waste - Solid waste capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisance from odors and gases, such as kitchen wastes, offal and carcasses.
   31. Radioactive Material - Any material which emits ionizing radiation spontaneously.
   32. Recycle, Recyclables Or Recyclable Material - Those materials or that process by which solid waste, or materials which would otherwise become solid waste, are collected, separated or processed and reused or returned to use in the form of raw materials or products.
   33. Refuse - All nonputrescible waste.
   34. Refuse Receptacle or Receptacle -- A metal or plastic container or other material approved by the Solid Waste Director.
   35. Regulated Medical Waste - Blood and body fluids in individual containers in volumes greater than 20 milliliters, microbiological waste and pathological waste that have not been treated.
   36. Rubbish - Solid or liquid waste from residences, commercial establishments or institutions.
   37. Sharps - Needles, syringes with attached needles, capillary tubes, slides and cover slips, scalpel blades, test tubes and blood collection tubes.
   38. Solid Waste - Any hazardous or nonhazardous garbage or other refuse, rubbish, litter, trash, tires and other discarded solid materials and solid or semisolid waste materials resulting from industrial, commercial and agricultural operations and from community activities, but does not include solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluent, dissolved materials in irrigation return flows or other common water pollutants. As used herein, "solid waste" shall refer collectively to any or all of the aforementioned waste materials, unless otherwise specified.
   39. Transfer Station - A permanent structure with mechanical equipment used for the collection or compaction of solid waste prior to the transportation of solid waste for final disposal.
   40. Unsanitary Accumulation - Any amount of solid waste which is odoriferous, pestiferous or otherwise threatening to human health as determined by the Solid Waste Department.
   41. Used Motor Oil - Any oil that has been refined from crude oil or synthetic oil and, as a result of use, storage or handling, has become unsuitable for its original purpose.
   42. White Goods - Inoperative or discarded refrigerators, ranges, water heaters, freezers and other similar domestic and commercial large appliances.
   43. Yard Waste - Solid waste consisting solely of vegetative matter, such as leaves, grass, limbs and trimmings, resulting from landscaping maintenance.

1. Improper storage of waste prohibited. No owner, occupant, tenant or lessee of any property, jointly or severally, may deposit, store or permit to accumulate any solid or hazardous waste upon such property that is not stored or disposed of in a manner prescribed by this article. Further, it shall be the duty of each owner, occupant, tenant or lessee to provide approved receptacles as specified in §95-15A.,of this Chapter.
2. Open dumps prohibited. No person shall permit on any land owned, occupied or leased by him or her any open dump.
3. Responsibility for removal. It shall be the duty of any owner, occupant, tenant or lessee of any property, jointly or severally, to remove or properly dispose of any of the conditions described in subsection A above. This section shall also apply to refuse and other solid waste deposited on any property through the action of streams, creeks, rivers, lakes or other waterways or through the runoff of any such waterways. In removing such conditions, persons may seek the guidance of the Henderson County Solid Waste Director and shall follow the procedures set forth in §95-18 below.

1. Proper maintenance of premises. The owner, proprietor or person in charge of any commercial, industrial or institutional building, parking lot or other site shall be obligated, both jointly and severally, to keep driveways, yards, parking lots and areas adjacent thereto and under his control clean at all times and to place sweepings, litter, refuse and other debris in an approved receptacle to prevent dispersal by wind, rain, animals and other causes. Further, no crate, box or similar container liable to deterioration by sun, wind, rain, animals or other causes shall be kept on any street or sidewalk, parking lot or other area, except that such containers may be placed out for collection on the day of such collection.
2. Solid waste receptacles required. The owner, proprietor or person in charge of any commercial, industrial or institutional building, parking lot or other site shall be obligated, jointly and severally, to provide solid waste receptacles of sufficient size and quantity as specified in §95-15 of this article. Specifically, but not exclusively, the requirement for such containers shall apply to shopping centers, supermarkets, convenience stores, fast-food and other restaurants, service stations and other similar establishments and shall likewise apply to industries, commercial establishments, schools, manufactured home parks, recreational vehicle parks, summer camps, churches and other institutions. Spillage and overflow from such containers shall be cleaned up by the owner, proprietor or person in charge immediately and as it occurs.

1. Storage container requirements. Solid waste shall be stored in a container that is durable, rust resistant, nonabsorbent, watertight and easily cleaned, with a close-fitting, fly tight cover in place. The number of containers shall be adequate to store 1week's accumulation of solid waste. Containers shall be limited to 32 gallons maximum capacity. Containers shall be kept clean so that no insect breeding, odor or other nuisance will exist.
2. Rodents. Solid waste shall be stored in a manner that will not harbor rodents and vermin and will not create a fire hazard.
3. Storage of other refuses. Other refuse may be stored as in §95-15 above but shall be stored in such manner that it will not provide harborage to rats, cause a fire or safety hazard or become windblown.
4. Cardboard boxes as receptacles. Cardboard boxes, cartons and crates may be used as refuse receptacles only when used to contain other refuse and when properly secured by tying or taping. Cardboard boxes, crates or cartons used as refuse receptacles shall have a 1 time use only and shall be collected along with the refuse contained in them.
5. Airtight containers prohibited. No person shall leave outside of the building or dwelling or in any place accessible to children, any abandoned, unattended or discarded ice box, refrigerator or other container of any kind which has an airtight door without first removing the door from such icebox or refrigerator.

1. Frequency of removal. All solid waste shall be removed from any property upon which it is stored at least once a week.
2. Hiring of permitted collector allowed. The owner, occupant, tenant or lessee may remove such solid wastes in accordance with §95-17 and 95-18 below or may contract with a permitted collector serving the relevant area.
3. Spillage prohibited. These permitted collectors shall be responsible for removing any solid waste spilled during the collection process, shall leave the premises in a clean condition and shall conform to the provisions of any County ordinance in effect regulating the collection and disposal of solid waste by private collectors in Henderson County.
4. Recycling program required. All private haulers who collect solid waste for a fee will be required to establish a program to collect and recycle aluminum cans and corrugated cardboard. Private haulers may not accept said material if commingled with the solid waste they collect.

1. Conformity with ordinance required. No solid waste shall be transported except in conformance with this section which applies to permitted haulers and individuals hauling their own solid waste.
2. Spillage prohibited. The vehicles or containers used for the collection and transportation of solid wastes shall be loaded and removed in such a manner that the contents will not fall, leak or spill therefrom. Materials spilled by the hauler shall be picked up immediately by the hauler and returned to the vehicle or container and the area properly cleaned.
3. Cover requirements. Vehicles shall be covered by effective means during transportation to prevent blowing of materials from out of the vehicle. "Effective means" shall include, but not be limited to; durable, heavy plastic or canvas tied down or secured to cover the entire load. Loads consisting of bulky waste, white goods, lumber, pallets and crates do not have to be covered but shall be secured with rope or tie-downs to assure spillage does not occur. Upon entrance to the facility gate, any removal of tarps or similar covers on solid waste shall be prohibited until the destination is reached in a designated facility disposal area.
4. Display of permit numbers. All vehicles, except those owned by individuals transporting their own solid waste, shall display their permit number issued by the Solid Waste Director.

1. No disposal except as provided. Solid waste shall be disposed of only by one of the following methods:
   
   1. Sanitary landfill that has been approved by the Department.
   2. Incinerator that meets all requirements of the local, state and federal air pollution standards and control permits.
   3. Transfer station that has been approved by the Department.
   4. Any other method, including reclaiming, composting or recycling processes, that has been approved by the Solid Waste Director.
2. Disposal of hazardous regulated medical, radioactive waste. Hazardous, regulated medical and radioactive wastes shall be disposed of according to written procedures approved by the Department.
3. Littering prohibited. No person may intentionally or negligently discard, dispose, leave or dump any solid waste on or along any street or highway or on public or private property unless such solid waste is placed in a receptacle or at a location designated for the deposit of solid waste.
4. Disposal of tires. The disposal of tires on publicly or privately owned property is strictly prohibited. Nothing in this article shall be interpreted to preclude the use of tires in an accepted agricultural practice.
5. Disposal of sharps. Sharps shall be placed in an approved, sealed, puncture proof container prior to disposal.
6. Burning of solid waste. The purpose of this subsection is for preventing, abating and controlling air pollution resulting from air contaminants released in the open burning of refuse and other combustible materials. While recognizing that open burning contributes to air pollution, certain types of open burning may reasonably be allowed in the public interest. Therefore, there shall be no burning of solid waste in Henderson County except as authorized by state burning laws.
7. Private disposal of solid waste. This section shall not be construed to prevent any person from properly disposing of solid waste from his own residence on his property in a safe and sanitary manner and at a depth and distance from any body of water to prevent contamination. All such private disposal sites must receive prior approval by the Solid Waste Director, and all solid wastes deposited must be covered with at least six inches of compacted dirt daily.
8. Other disposal of solid waste prohibited. Any other disposal of solid waste is expressly prohibited.

1. Conformity with facility procedures required. Solid waste shall be disposed of at the Henderson County facility in the manner and according to procedures established by the Solid Waste Director.
2. Facility tours. Facility tours or visitors to the facility must be accompanied by an employee of the Solid Waste Department.
3. Affiliation with County required. The County facility may be used for the disposal of solid waste generated in Henderson County by County residents and nonresident owners of property in Henderson County.
4. Hours of Operation. The facility shall be open during business hours as established by the Board. The facility holiday schedule will be determined by the County Manager and revised annually and will be posted in the scale house. In emergencies, the facility may be opened and closed for additional hours as directed by the County Manager or the Manager's representative.
5. Security of facility. Except when open during regular business hours, the facility shall be kept locked, and entry shall not be permitted.
6. Tipping fee. A tipping fee or per vehicle fee shall be charged to all users of the facility. This tipping fee shall be based on the number of tons of material brought for disposal, except that there may be a minimum fee. There will be no fee charged for acceptable recyclable materials that have been separated and properly prepared. The Board shall adopt a schedule of fees from time to time which shall be effective until amended or replaced. Fees shall not be waived for nonprofit organizations.
7. Use by multiple-dwelling properties, parks and camps. Where there is more than one premises located in a residential building, manufactured home park, recreational vehicle park, summer camp or campground, it shall be the responsibility of the owner or person in charge of each building, park or camp to contract with a permitted hauler and to pay for the regular collection of all solid waste from each premises. An owner of a multipremises building, park or camp may apply to the Solid Waste Director for an exemption if it can be shown that he is now disposing of solid waste in a safe and sanitary manner as outlined in this article. In the case where the owner of a multipremises building, park or camp hauls his own solid waste, said waste must be weighed at the scale house, and the hauler may not use the boxes set aside for household solid waste.
8. Loitering and rummaging prohibited. No person may loiter or rummage about the facility or remove articles therefrom.
9. Speed limit within facility. All persons entering or traveling on facility property shall observe posted speed limits and shall operate their vehicles in a safe and courteous manner.
10. Vehicles which are not self-unloading will not be allowed in the transfer station. All vehicles which do not use the household containers and are not self-unloading shall arrive at the County facility no later than 30 minutes before the close of the normal operating day. Vehicles which are not self-unloading will be subject to control by the Facility Foreman so as to minimize vehicle congestion and provide easy access to the designated disposal site for self-unloading vehicles.
11. Only authorized Henderson County personnel will be allowed on the tipping floor of the transfer station, except that a waste hauler may exit his or her truck for mechanical adjustment of his or her vehicle.
12. Uncovered waste prohibited. No vehicle shall be allowed to deposit waste at the County facility unless the waste is enclosed in the vehicle or secured by methods stated in §95- 17C. The Solid Waste Director shall determine the adequacy of the covering, and his decision shall be final.
13. Deposit waste only in authorized areas. No person may deposit material at any point in the facility except where indicated by authorized employees of the facility or by official signs.
14. Discharge of firearms, explosives and fireworks prohibited. No person may discharge firearms, fireworks or explosives on facility property.
15. Solid waste subject to inspection. Solid waste shall be observed and inspected for prohibited materials. Persons disposing of unacceptable material may be required to remove such materials at the discretion of the Solid Waste Director or Facility Foreman.
16. Prohibited waste. The following waste may not be disposed of in the County facility:
    
    1. Burning or smoldering materials or any other materials that would create a fire hazard.
    2. Hazardous waste.
    3. Used motor oil (except for recycling).
    4. Lead-acid batteries.
    5. Liquid waste.
    6. White goods (except for recycling).
    7. Radioactive waste.
    8. Sharps not properly contained.
    9. Whole tires which may not be co disposed with solid waste.
    10. Sludge’s.
    11. Dead animals.
    12. Yard waste, except in the wood waste grinding area.
    13. Metal drums of 50 gallons or more capacity unless drain holes are provided to prevent containers from holding liquid or unless filled with identifiable solid waste which is otherwise acceptable.
    14. Stumps, brush, limbs, yard waste, landscape waste and construction and demolition material mixed with solid waste unless separated prior to disposal.
    15. Automobiles, truck or other motor vehicle bodies or large pieces of metal, such as manufactured homes and farm equipment.
    16. Wood waste greater than 10 inches in diameter at the butt end and greater than 4 feet in length. Wood waste greater than 2 inches in diameter shall not be greater than 4 feet in length.
    17. No ash, fly ash or incinerator ash.
    18. Regulated medical waste.
    19. Friable asbestos.
    20. Sawdust.
    21. Dirt or soil products (may be reviewed on a load-by-load basis).
    22. Corrugated cardboard generated from commercial, industrial and institutional sources, unless there are no materials recovery facilities located in Henderson County. Residential sources of corrugated containers will be allowed in de minimis amounts only. The following items shall not be considered corrugated cardboard:
        
        1. Wax coated cardboard.
        2. Cardboard soiled with grease, oils, food waste, chemicals, poisons or pesticides.
        3. Cardboard adhered to polystyrene or other plastic.
        4. Poster board, pasteboard tubing or chipboard, such as cereal boxes. This is mixed paper and can be recycled.
    23. Aluminum cans.
    24. Antifreeze (ethylene glycol).

Whole automobile and truck tires will be accepted at the designated tire recycling site. Tires must be removed from their rims and be free of water, dirt and debris. Anyone bringing in 6 or more tires must call in advance and will be required to fill out a tire certification form. Specialized tires, such as large, off-road and heavy equipment tires, will be accepted only if arrangements are made in advance by calling the recycling center. Persons bringing loads containing truck tires or specialized tires will be required to assist in the unloading of such tires and should call in advance.

White goods and large pieces of metal may be deposited at the designated area for recycling.

Used motor oil may be deposited in the tank at the Recycling Center. This tank is for residential users only. No used motor oil will be accepted from commercial or industrial users. Antifreeze is also accepted at this location.

Each person who owns, leases or manages a residence, residential unit or place of business, industry, commerce or other place providing goods or services, or institution, church, camp or school is strongly encouraged to remove recyclable materials from the solid waste generated and make them available for recycling.

Recyclable material shall consist of the following items and shall be prepared for recycling at the County drop-off sites as directed:

1. Glass [all brown, clear and green container (bottles and jars) glass]: rinsed and caps removed. Labels do not have to be removed.
2. Aluminum beverage and bimetal (tin or steel) food cans: rinse. Labels do not have to be removed.
3. Plastic containers No. 1 PETE (soda containers) and No. 2 HDPE (milk and shampoo containers) and Nos. 3, 5 and 7 (mixed plastic): rinse, and step on containers to flatten them. Labels do not have to be removed.
4. Corrugated containers: flatten.
5. Mixed paper: See definition.
6. Newspaper: bundle with string or leave loose. Inserts may remain.
7. Other material: as it is added to the recycling program.

No person, other than a County employee or the County's authorized agent, may remove recyclable material from a recycling collection center.

The Solid Waste Advisory Committee shall establish a system of classification for classes of solid waste that shall be consistent with a system of classification in the Solid Waste Management Plan. The classification system shall be used as a basis for requiring that solid waste be delivered to an appropriate County disposal facility in accordance with the Solid Waste Management Plan.

1. For the purpose of providing for the proper collection, transportation, recycling and/or disposal of solid waste within Henderson County, the Board may grant the right to collect, transport, recycle and/or dispose of solid waste for compensation.
2. No person shall engage in commercial or industrial solid waste collection, residential household garbage or recyclable material collection for a fee without a permit issued from the Solid Waste Director pursuant to this article. Individuals transporting their own solid waste or recyclables are not required to hold a permit.

1. Application for a permit to engage in solid waste, residential household garbage or recyclable material collection shall be filed with the Solid Waste Director on forms approved by the Solid Waste Director. There shall be no fee charged to an applicant for a solid waste collection permit.
2. Application information required. The applicant shall furnish the following information:
   
   1. Name, address and telephone number of the applicant and whether a sole proprietorship, corporation or partnership, with disclosure of the ownership interest.
   2. A list of the equipment possessed, available or to be obtained by the applicant, including the number and type of solid waste receptacles or other containers used for the storage or collection of solid waste, residential household garbage or recyclable material, and the number and type of vehicles used for the transportation and disposal of solid waste, residential household garbage or recyclable material. Each vehicle shall be identified by make, model and license tag number.
   3. Number of employees the applicant expects to use in the business.
   4. Experience of the applicant in solid waste, residential household garbage or recyclable material collection.
   5. Other pertinent information as the Board may hereafter request.

The Solid Waste Director shall issue such permit only when upon inspection he finds that the facilities, equipment and proposed operating methods of the applicant are in compliance with the requirements of this article.

All trucks and other equipment used by the collector must meet minimum standards prescribed by the Henderson County Solid Waste Management Department. These standards shall require, at a minimum, that truck beds be covered. Vehicles shall be leak proof, durable and easily cleaned to prevent insect breeding, odor or other nuisance and shall be maintained in good repair as determined by the Solid Waste Director.  Each collector shall provide the Solid Waste Director with a plan for the regular and sufficient collection of solid waste and recyclable materials of its customers, and shall operate in regular compliance with such plan.

The permit number of the collector shall be visible on both sides of each of the collector's trucks in numbers not less than three inches high, the color of the numbers to contrast with the color of the truck, and shall be kept clean and legible at all times.

The Solid Waste Director will issue permits to existing collectors who are in business in Henderson County upon the effective date of this article upon assurance of their compliance with the above sections.

When any person has made application for a permit to collect or transport solid waste or recyclable materials and the Solid Waste Director has refused to issue said permit to the applicant, the applicant may appeal the refusal by submitting a notice of appeal to the Solid Waste Director. The appeal shall be heard by the Henderson County Board of Commissioners. The notice of appeal must be filed within 10 days after the refusal of the Solid Waste Director to issue the permit.

1. Permits will be issued upon successful completion of the permit application and inspection by the Solid Waste Director or his authorized agent.
2. All permits, regardless of the date issued, must be renewed every January and will be valid for a period of one year.
3. No permit issued pursuant to this article shall be assignable.

1. Whenever, upon inspection of the facilities, equipment or operating methods of any person collecting, transporting or disposing of solid waste or recyclable materials, the Solid Waste Director finds that conditions or practices exist which are in violation of the provisions of this article, the Solid Waste Director shall give notice in writing to such person that unless such conditions or practices are corrected within 30 days the operating permit of such person shall be revoked. Haulers will be allowed to collect, transport and dispose of solid waste or recyclable materials during this thirty-day period.  Immediately upon the receipt of the notice of the Solid Waste Director as provided above in this section, the permit-holder shall provide to the Solid Waste Director a list of the permit-holder’s customers within Henderson County.  Such list of customers shall not be a public record so long as the permit-holder complies with N.C. Gen. Stat. §132-1.2, and shall be used by the Solid Waste Director only to notify customers of the permit-holder of the revocation of the permit-holder’s permit, and for no other purpose.  In the event a revoked permit is reinstated by either the Solid Waste Director or by the Board of Commissioners pursuant to this section, the list of customers shall be destroyed.
   No such permit shall be reinstated by the Solid Waste Director until he finds, upon reinspection and other proof satisfactory to the Solid Waste Director of operations in compliance with this Chapter, that all provisions of these regulations have been complied with, except that following a hearing as hereinafter provided such permit may be reinstated by order of the Solid Waste Department. The Solid Waste Director shall be the only person authorized to enforce this subsection.
2. Any revocation of a solid waste hauler's permit may be appealed to the Henderson County Board of Commissioners by the submission of a notice of appeal to the Solid Waste Director within 10 days of the effective date of the revocation. If a notice of appeal is not filed within 10 days, the permit shall be deemed to have been automatically revoked.

1. This article may be enforced by any methods authorized by N.C.G.S. 153A-123 or N.C.G.S.153A-277. Such methods shall be carried out in accordance with the procedures outlined in Henderson County Code, Chapter 1, General Provisions, Article II, and as provided below.
2. Violations of this article by a permitted hauler may subject the hauler to a revocation of his permit in accordance with §95-35 and may, in addition, subject the hauler to any actions specified in Henderson County Code, Chapter 1, General Provisions, Article II.

Section 95-19 of this Article provides the payment of a tipping fee by users of the facility. The Solid Waste Department shall have the authority to set up accounts with regular users of the facility to be billed on a monthly basis. When any account becomes more than 10 days past due, the Solid Waste Department and its billing and collecting agent shall be authorized to discontinue service to the holder of the delinquent account until such time as the account is paid in full. Further, the Solid Waste Department shall be authorized to use any means that a private citizen could use to collect a debt, including, but not limited to, the institution of a civil action to collect the moneys owed.

1. If any object of refuse is discovered upon any lands or waters in any areas of Henderson County other than an approved sanitary landfill or other proper receptacle and said refuse bears the name, address or other means of identification of a person or persons, the person(s) so identified shall be presumed to have disposed of said refuse in violation of this article.
2. Bags, boxes, bins, cartons and other containers used to carry food, clothing and other goods and printed matter purchased, rented or otherwise obtained from a restaurant, supermarket, store or other place of business or organization, which container or printed matter bears the logo, name and address or other means of identification of the place from which the goods were obtained, shall not be considered as a means of identification for purposes of this section.

On receipt of a notice of a violation, a person may request the aid of the Solid Waste Department in correcting the violation and shall pay to the Solid Waste Department any costs incurred by the Solid Waste Department in removing or otherwise correcting the violation.