(a) The Commission may impose on a person who violates this subtitle or a regulation adopted in accordance with this subtitle a civil penalty that does not exceed the maximum penalties provided in 49 U.S.C. Chapter 601 (Hazardous Liquid Pipeline Safety Act).

(b) Each day a violation continues is a separate violation under this section.

(c) To determine the amount of a penalty imposed under this section, the Commission shall consider:

(1) the nature, circumstances, and gravity of the violation;

(2) with respect to the violator:

(i) the degree of culpability;

(ii) any history of prior violations;

(iii) the ability to pay;

(iv) any effect on the ability to continue doing business; and

(v) good faith in attempting to comply; and

(3) other matters that justice requires.