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

1. (1) at the time it occurred constituted noncompliance with a Requirement:

   1. (a) which was then in effect; and
   2. (b) to which that person was then subject; and
   3. (c) to which 310 CMR 5.00 apply; and
2. (2) occurred on or after September 2, 1986.