(a) The Commission may impose on a person who violates this subtitle or a regulation adopted in accordance with this subtitle a civil penalty that does not exceed the maximum penalties provided in 49 U.S.C. Chapter 601 (Hazardous Liquid Pipeline Safety Act).
(b) Each day a violation continues is a separate violation under this section.
(c) To determine the amount of a penalty imposed under this section, the Commission shall consider:
(1) the nature, circumstances, and gravity of the violation;
(2) with respect to the violator:
(i) the degree of culpability;
(ii) any history of prior violations;
(iii) the ability to pay;
(iv) any effect on the ability to continue doing business; and
(v) good faith in attempting to comply; and
(3) other matters that justice requires.