(a) In addition to being subject to any forfeiture provided by law and to any penalty imposed by the commission for contempt for violation of its rules or orders, any person who violates the provisions of Sections 85.045 and 85.046 of this code, Title 102, Revised Civil Statutes of Texas, 1925, as amended, including provisions of this code formerly included in that title, or any rule or order of the commission promulgated under those laws is subject to a penalty of not more than:
(1) $10,000 when the provision, rule, or order pertains to safety or the prevention or control of pollution; or
(2) $1,000 when the provision, rule, or order does not pertain to safety or the prevention or control of pollution.
(b) The applicable maximum penalty may be assessed for each and every day of violation and for each and every act of violation.