A penalty may be assessed only for a failure to comply that:

1. (1) meets the criteria set forth in 309 CMR 8.02, and

2. (2) was any of the following:

   1. (a) the subject of a previous Notice of Noncompliance, as set forth in 309 CMR 8.03;
   2. (b) part of a pattern of noncompliance, as set forth in 309 CMR 8.04;
   3. (c) willful and not the result of error, as set forth in 309 CMR 8.05; or
   4. (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.