§ 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.