(a) Any person who violates a provision of this chapter or a rule or order adopted under this chapter is liable for a penalty of not more than:
(1) $10,000 for each offense when the provision, rule, or order pertains to safety or the prevention or control of pollution; or
(2) $1,000 for each offense when the provision, rule, or order does not pertain to safety or the prevention or control of pollution.
(a-1) Notwithstanding Subsection (a), a person who violates a provision of a rule adopted under Section 86.044 is liable for a penalty of not more than $1,000,000 for each offense.
(b) Each day a violation occurs constitutes a separate offense.
(c) The commission by rule shall establish a classification system to be used by a court under this subchapter for violations of rules adopted under Section 86.044 that includes a range of penalties that may be recovered for each class of violation based on:
(1) the seriousness of the violation, including:
(A) the nature, circumstances, extent, and gravity of a prohibited act; and
(B) the hazard or potential hazard created to the health, safety, or economic welfare of the public;
(2) the history of previous violations;
(3) the amount necessary to deter future violations;
(4) efforts to correct the violation; and
(5) any other matter that justice may require.
(d) The classification system established under Subsection (c) shall provide that a penalty in an amount that exceeds $5,000 may be recovered only if the violation is included in the highest class of violations in the classification system.