§8–8A–12.

    (a)    In addition to any other action authorized under this subtitle, the Department may impose administrative penalties up to $5,000 per day, not to exceed $50,000 in total penalties, for a violation of this subtitle, regulations adopted under this subtitle, or any condition of the permit.

    (b)    The penalty shall be assessed with consideration given to:

        (1)    The willfulness of the violation;

        (2)    The extent to which the existence of the violation was known to the violator but uncorrected by the violator;

        (3)    The extent to which the violator exercised reasonable care;

        (4)    The extent to which the violation resulted in actual harm to the environment or to human health or safety;

        (5)    The nature and degree of injury to or interference with general welfare, health, and property;

        (6)    The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator; and

        (7)    The extent to which the violation creates the potential for harm to the environment or to human health or safety.