Rules of Construction

(1) 310 CMR 30.000 shall be construed to effectuate the purposes of M.G.L. c. 21C and the federal Resource Conservation and Recovery Act. (2) As used in 310 CMR 30.000, words in the singular also include the plural. (3) Words in the masculine gender also include the feminine and neuter genders. (4) No provision of 310 CMR 30.000 shall be construed to limit the Department's authority to take or arrange for, or to require any person to perform, any response action authorized by M.G.L. chs. 21C or 21E which the Department deems necessary to protect health, safety, public welfare or the environment. (5) The provisions of 310 CMR 30.000 are severable, and if any provision hereof or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions hereof or applications thereof which can be given effect without the invalid provision or application. (6) Federal statutes and regulations which are cited within 310 CMR 30.000 but which are not specifically adopted by reference shall be used as guidance in interpreting the state regulations in which they appear. (7) No provision of 310 CMR 30.000 shall be construed to relieve any person of the necessity of complying with all other applicable federal, state or local laws (e.g., the more stringent requirements and effective dates established pursuant to the federal Hazardous and Solid Waste Amendments). (8) No provision of 310 CMR 30.000 (or 310 CMR 40.0000: Massachusetts Contingency Plan) shall be construed to limit the Department’s authority to require additional response actions on a case-by-case basis in accordance with 310 CMR 30.829, when necessary to protect health, safety, public welfare or the environment.