1. (a) The amount of an administrative penalty may not exceed $5,000 for each violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.

2. (b) The amount of the penalty shall be based on:

   1. (1) the seriousness of the violation, including:

      1. (A) the nature, circumstances, extent, and gravity of any prohibited act; and
      2. (B) the hazard or potential hazard created to the health, safety, or economic welfare of the public;
   2. (2) the economic harm to property or the environment caused by the violation;
   3. (3) the history of previous violations;
   4. (4) the amount necessary to deter a future violation;
   5. (5) efforts to correct the violation; and
   6. (6) any other matter that justice may require.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.