AMOUNT OF ADMINISTRATIVE PENALTY.

(a) The amount of an administrative penalty may not exceed:

(1) $5,000 for each violation of this chapter or a rule adopted or order issued under this chapter; and

(2) $1,500 for each violation of Chapter 1071 or a rule adopted or order issued under Chapter 1071.

(a-1) Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.

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

(1) the seriousness of the violation, including:

(A) the nature, circumstances, extent, and gravity of the prohibited act; and

(B) the hazard or potential hazard created to the health, safety, or economic welfare of the public;

(2) the economic harm to property or the environment caused by the violation;

(3) the history of previous violations;

(4) the amount necessary to deter a future violation;

(5) efforts or resistance to efforts to correct the violation; and

(6) any other matter that justice may require.

(c) The board may include in the amount of the penalty the actual costs of investigating and prosecuting the violation.