Request Clarification or Change of Definition of Minor and Major Plan Amendment
The purpose of the regulation is to provide
criteria for the development of a governmental plan to fund and manage waste
(Integrated Waste Management Plan). The current definition of Major
amendment indicates that "any" additional facility is to be added to
the plan for formal plan amendment. However, in a free market,
particularly for small businesses, the business operation may not be part of
the "governments integrated waste management plan" and the requirement
to approve private operations as Major amendment is an excessive burden for a
small business that are dedicated to the development of waste
management programs that move waste upward in the hierarchy, as already
provided in the definition of Minor.
There appears to be a conflict in that the definitions of Major and Minor...
both indicate "any" change. Private operations designed to move
waste up the hierarchy that are not part of the government plan are viewed by
the Department as a Major when the definition of Minor provides for minor
changes that move the waste up the hierarchy.
By interpreting the regulations to capture all facilities, the free market is
impaired in that the approval of the plan amendment may have no direct
relationship to the government's operations. The process for Major amendment
requires an unnecessary burden on small business to complete the processes for
the government plan amendment when they provide business activities that move
waste up the management hierarchy. A public review process is already
provided in the regulatory processes for public comment and conformance with
regulatory limits.
