Section 120.885 - WaiversThe Department may waive the application of any provision of 105 CMR 120.800 if it finds that:
(A) The performance objectives set forth in 105 CMR 120.811 through 120.814 will be met; and,(B) Public health, safety and the environment will be protected; and,(C) Strict application of the section to be waived would undermine the public interest; and,(D) Specific substitute requirements can be adopted which will result in the substantial protection of the process established in M.G.L. c. 111, §§ 3, 5M, 5N, 5O, and 5P and the rights of persons affected by the action and the Operator; and,(E) 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.