The commissioner may assess an administrative penalty for a violation of Section 63.091 or any rule, permit, or order issued under this chapter in the amount established by Section 63.181(b) for a civil penalty. In determining the amount of the penalty, the commissioner shall consider:

1. (1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation and the hazard or damage caused thereby;
2. (2) the degree of cooperation and quality of response;
3. (3) the degree of culpability and history of previous violations by the person subject to the penalty;
4. (4) the amount necessary to deter future violations; and
5. (5) any other matter that justice requires.

Added by Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 20, eff. September 1, 2007.