(a) The department shall determine, on a case-by-case basis, the enforcement mechanism and the amount of any administrative penalty assessed pursuant to this chapter. A penalty assessed shall not be less than ten thousand dollars ($10,000) for the first violation. A penalty may be assessed for each violation of a separate provision. For a continuing violation, a penalty may be assessed for each day that the violation continues. In determining the amount of an administrative penalty, the department shall consider all of the following factors:

1. (1) The nature and severity of the violation.
2. (2) The good or bad faith of the person or entity in violation.
3. (3) The history of prior violations, if any.
4. (4) Evidence that the violation was willful.
5. (5) The extent that the person or entity has cooperated with the department.