Waivers and Severability
Effective Jul 9, 2004MGL c. 111H, § 4 MGL c. 111H, § 11 MGL c. 111H, § 12Low-Level Radioactive Waste Management Board
(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 in M.G.L. c. 111H and 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.