(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:

1. (a) that the waiver is necessary to accommodate an overriding community, regional or state public interest; and
2. (b) the granting of the waiver would not interfere with the ability of the board of health to fulfill its duties; and
3. (c) the granting of the waiver would not diminish the ability of the general public to review and comment on the proposed project.