Sec. 131.266. INJUNCTIVE RELIEF AND CIVIL PENALTY. (a) The commission may have a civil suit instituted for injunctive relief to restrain a permittee from continuing a violation or threatening a violation or for the assessment of a civil penalty of not more than $5,000 as the court considers proper for each day of violation, or for both. (b) In determining the amount of the civil penalty, consideration shall be given to: (1) the permittee's history of previous violations under this chapter; (2) the appropriateness of the penalty to the size of the business of the permittee; (3) the seriousness of the violation, including irreparable harm to the environment and hazard to the health or safety of the public; (4) whether the permittee was negligent; and (5) the demonstrated good faith of the permittee charged in attempting to achieve rapid compliance after notice of the violation.
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