(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.