Preconditions for Assessment of a Civil Administrative Penalty

A penalty may be assessed only for a failure to comply that: (1) meets the criteria set forth in 309 CMR 8.02, and (2) was any of the following: (a) the subject of a previous Notice of Noncompliance, as set forth in 309 CMR 8.03; (b) part of a pattern of noncompliance, as set forth in 309 CMR 8.04; (c) willful and not the result of error, as set forth in 309 CMR 8.05; or (d) a failure to comply that resulted in significant impact on public health, safety, welfare or the environment, as set forth in 309 CMR 8.06.