Jack Fugett spent all summer delving into the Department s website. He suggested that when increase in average daily volume is listed the Department specify what the increase is for. On the recycling page, where the average tonnage is listed, changes from year to year are dramatic. He suggests showing quarterly reports, instead of annual. Kristen stated that the Department is a creature of statute, which is usually very broad.
Regulations generally implement a statute.
The regulations often leave room for discretion to be exercised by the Department. When the Department commits in writing how it intends to exercise this discretion, it has created a guidance document or policy. If the Department wants to create a mandatory requirement for the regulated community, it should include the requirement in a regulation. Regulations are binding on the regulated community and must be complied with and must also go through a public comment process to be valid. Guidance documents are not usually binding and may set forth the Department s intentions for the future.