990 CMR 2.05 - Waiver

(1) The Council may waive the application of any section of 990 CMR it has promulgated if it finds that:

(a) public health and safety and the environment of allcommunities in the commonwealth will be protected; and

(b) strict application of the section to be waived would undermine the public interest in encouraging the construction of environmentally sound and safe hazardous waste facilities in the commonwealth; and

(c) there is no feasible or practical alternative means of compliance with the section to be waived which would allow the activity to proceed; and

(d) specific substitute conditions can be placed on the person seeking the waiver which result in the substantial protection of the process established by M.G.L. c. 21D and the rights of the communities affected by the action and the developer; and

(e) the action made possible by the waiver will not violate the provisions of M.G.L. c. 21D.

(2) The Commissioner may waive the application of any section of 990 CMR promulgated by the Department if he finds that:

(a) public health and safety and the environment of all communities in the commonwealth will be protected; and

(b) strict application of the section to be waived would undermine the public interest in encouraging the construction of environmentally sound and safe hazardous waste facilities in the commonwealth; and

(c) there is no feasible or practical alternative means of compliance with the section to be waived which would allow the activity to proceed; and

(d) specific substitute conditions can be placed on the person seeking the waiver which result in the substantial protection of the process established by M.G.L. c. 21D and the rights of the communities affected by the action and the developer; and

(e) the action made possible by the waiver will not violate the requirements of M.G.L. c. 21D.

Notes

990 CMR 2.05