Waiver

(1) General. The Commissioner may waive any provision or requirement contained in Part I of 310 CMR 16.00, or at 310 CMR 16.21: Alternative Use of Assigned Site, not specifically required by law where the Commissioner finds: (a) that the waiver is necessary to accommodate an overriding community, regional or state public interest; and (b) the granting of the waiver would not interfere with the ability of the board of health to fulfill its duties; and (c) the granting of the waiver would not diminish the ability of the general public to review and comment on the proposed project. (2) Filings. All requests for waivers shall be filed and documented in accordance with 310 CMR 16.08(5)(c).