- (a) The department may assess an administrative penalty against a person who violates Subchapter B or an order adopted or registration 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) any hazard to the health and safety of the public;
- (4) the person's demonstrated good faith; and
- (5) such other matters as justice may require.
- (c) The penalty may not exceed $25,000 a day for each violation.
- (d) Each day a violation continues may be considered a separate violation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 539, Sec. 4, eff. Sept. 1, 1991.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0955, eff. April 2, 2015.