A.
In recent decades, federal and state legislation has been enacted along with strict regulatory action dealing with the collection, treatment, and discharge of human wastewater. The Village of Larchmont manages and maintains 22 miles of a sanitary collection sewer within its borders. Volumes from the sewers flow into the Westchester County trunk sewer system and are treated at county sewage treatment plants, eventually discharging into the Long Island Sound. It is critically important that the Village maintain, repair, improve and replace, when necessary, components of its sanitary sewer collection system in order to reduce extraneous flows and illegal discharges into its collection system before such flows enter the county trunk lines. A major component of the extraneous flows into the sanitary sewer collection system is inflow and infiltration from groundwaters and poorly functioning storm drainage pipes. Municipalities must, by law, take action to fix and maintain sanitary sewer collection systems and storm drains to reduce all nonsanitary flows into the sanitary sewer system, as the additional volumes adversely impact the trunk lines and the ability to treat waste at treatment plants.
B.
The Federal Water Pollution Control Act, also known as the "Clean Water Act," creates strict guidelines for municipalities for managing stormwater and sanitary sewer systems, with the goal of optimal public health and safety. Under Section 402(p)(3)(B) of the Clean Water Act, municipal separate stormwater sewer systems (MS4) are required to reduce pollutants in stormwater systems to the maximum extent practicable. To regulate such stormwater systems, the Environmental Protection Agency (EPA) is authorized to enforce the Clean Water Act and to encourage municipalities to reduce harmful pollutants going into the stormwater system. Section 304(m) of the Clean Water Act sets forth guidelines which deal with discharges and pollutants. The Village of Larchmont, which manages an MS4, must adhere to a set of six minimum measures in the administration of its stormwater system. One of those minimum measures is maintaining the separation of stormwater and sanitary sewer systems to prevent inflow between the two systems.
C.
Section 824.11 of the Westchester County Code also mandates that municipalities "take immediate action to reduce extraneous flows of water due to infiltration, illegal inflow and illegal stormwater connections to tributary [sanitary] sewer systems within a municipality's borders which are adversely impacting upon many County POTW treatment plants in their ability to treat waste, comply with their State Pollution Discharge Elimination System permits (SPDES permits), and to protect and enhance the local environment." Therefore, a municipality must take all actions necessary to ensure that the sanitary sewer system and stormwater system are not integrated.
D.
Article 14-F of the New York State General Municipal Law allows for municipalities to impose sewer rents on real property, to be used solely for the maintenance, repair and improvements of the sanitary sewer system. These funds will help further facilitate the Village of Larchmont's compliance with the federal, state, and county guidelines on sanitary sewer systems by establishing a steady stream of dedicated funding to perform the necessary maintenance, repairs and improvements to mitigate the infiltration and inflows from other sources, including, but not limited to, stormwater and other illicit connections to the sanitary sewer system. Compliance with federal, state, and county code further enhances and protects the public health, safety and welfare.