(a) Each day that a violation continues may be considered a separate violation for purposes of an administrative or civil penalty under this subchapter.
(b) The amount of an administrative or civil penalty must be based on:
(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
(2) the history of previous violations;
(3) the amount necessary to deter a future violation;
(4) efforts by the person to correct the violation; and
(5) any other matter that justice may require.