(a) The department may assess an administrative penalty against a person who violates Section 436.011 or an order issued under this chapter.
(b) In determining the amount of the penalty, the department shall consider:
(1) the person's previous violations;
(2) the seriousness of the violation;
(3) the hazard to the health and safety of the public;
(4) the person's demonstrated good faith; and
(5) other matters as justice may require.
(c) The penalty may not exceed $25,000 a day for each violation.
(d) Each day of a continuing violation constitutes a separate violation.