Sec. 436.034. ADMINISTRATIVE PENALTY. (a) The department may assess an administrative penalty against a person who violates Section 436.011 or an order 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) the hazard to the health and safety of the public; (4) the person's demonstrated good faith; and (5) other matters as justice may require. (c) The penalty may not exceed $25,000 a day for each violation. (d) Each day of a continuing violation constitutes a separate violation.
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