AMOUNT OF ADMINISTRATIVE PENALTY

(a) The amount of an administrative penalty may not exceed: (1) $5,000 for each violation of this chapter or a rule adopted or order issued under this chapter; and (2) $1,500 for each violation of Chapter 1071 or a rule adopted or order issued under Chapter 1071. (a-1) Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. (b) The amount of the penalty shall be based on: (1) the seriousness of the violation, including: (A) the nature, circumstances, extent, and gravity of the prohibited act; and (B) the hazard or potential hazard created to the health, safety, or economic welfare of the public; (2) the economic harm to property or the environment caused by the violation; (3) the history of previous violations; (4) the amount necessary to deter a future violation; (5) efforts or resistance to efforts to correct the violation; and (6) any other matter that justice may require. (c) The board may include in the amount of the penalty the actual costs of investigating and prosecuting the violation.