310 CMR 5.11
Noncompliance with a Law, Regulation, Order, License, or Approval
A Penalty may be assessed only for a failure to comply that:
(1) at the time it occurred constituted noncompliance with a Requirement:
(a) which was then in effect; and
(b) to which that person was then subject; and
(c) to which 310 CMR 5.00 apply; and
(2) occurred on or after September 2, 1986.