CIVIL PENALTY

(a) At the request of the department, the attorney general or a district, county, or municipal attorney shall institute an action in district or county court to collect a civil penalty from a person who has violated Section 436.011. (b) A person who violates Section 436.011 is liable for a civil penalty not to exceed $25,000 a day for each violation. Each day of a continuing violation constitutes a separate violation for purposes of penalty assessment. (c) In determining the amount of the penalty, the court shall consider: (1) the person's history of previous violations under this chapter; (2) the seriousness of the violation; (3) any hazard to the health and safety of the public; (4) the demonstrated good faith of the person; and (5) other matters as justice may require. (d) A civil penalty recovered in a suit instituted by the attorney general under this chapter shall be deposited in the state treasury to the credit of the general revenue fund. A civil penalty recovered in a suit instituted by a local government under this chapter shall be paid to the local government. (e) Venue for a suit to collect a civil penalty brought under this section is in the municipality or county in which the violation occurred or in Travis County.