Administrative Penalty

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. Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1101, eff. April 2, 2015.