(a) In addition to other penalties provided by law, the Secretary may assess administrative penalties, not to exceed $5,000.00, for each violation of this title and Titles 9 and 20, unless a higher administrative penalty amount is otherwise provided for in Title 9 or Title 20.
(b) In determining the amount of the penalty to be assessed under this section, the Secretary may give consideration to one or more of the following:
(1) the degree of actual and potential impact on public health, safety, and welfare resulting from the violation;
(2) the presence of mitigating or aggravating circumstances;
(3) whether the violator has been warned or found in violation of the same provisions of law in the past;
(4) the economic benefit gained by the violation;
(5) the deterrent effect of the penalty; or
(6) the financial condition of the violator.
(c) Each violation may be a separate and distinct offense and, in the case of a continuing violation, each day’s continuance may be deemed to be a separate and distinct offense. In no event shall the maximum amount of the penalty assessed under this section exceed $50,000.00.
(d) In addition to the administrative penalties authorized by this section, the Secretary may recover the costs of investigation, which shall be credited to a special fund and shall be available to the Agency to offset these costs.
(e) Any party aggrieved by a final decision of the Secretary may appeal de novo to the Superior Court within 30 days of the final decision of the Secretary. The Secretary may enforce a final administrative penalty by filing a civil collection action in any District or Superior Court.