Retroactivity, Severability and Effective Date

(1) Retroactivity. For any proceeding pending before the Council as of the effective date of 990 CMR 2.00, any action taken by the Council or the Department or by any party to said proceeding prior totheeffectivedate shall be deemed to have been in compliance with the procedural requirements of 990 CMR 2.00. The substantive criteria set forth in 990 CMR 2.00 are to have prospective application only, and to the extent that said criteria vary in any manner from the criteria employed by the Council or the Department in decisions rendered priorto the effective date of 990 CMR 2.00, such variation is not to be construed as necessitating reconsideration or revocation of those prior decisions. (2) Severability. The provisions of 990 CMR 2.00 are severable, and if any provision or the application thereof is held by a court of competent jurisdiction to be invalid, such invalidity shall not affect any other provision of 990 CMR 2.00. (3) Effective Date. 990 CMR 2.00 shall become effective immediately upon their publication by the Secretary of State.