Waivers and Severability

(1) Waiver (a) The Board shall not waive the application of the site selection criteria adopted by DEP pursuant to M.G.L. c. 111H, § 14(d). (b) The Board may waive the application of any section of 345 CMR 1.00 if it finds that: 1. public health, safety, and the environment will be protected; 2. strict application of the section to be waived would undermine the public interest; 3. specific substitute requirements can be adopted which will result in the substantial protection of the process established inM.G.L. c. 111Hand the rights of persons affected by the action; and 4. the action made possible by the waiver will not violate the provisions of M.G.L. c. 111H or any other state or federal law. (2) Severability. If any provision of 345 CMR 1.00 is held to be invalid, such invalidity shall not affect the provisions of the application thereof not specifically held invalid.