Article II - General Provisions

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.