For purposes of implementing section 7.3.2.A of the compact,¹ upon a complaint brought by the department, the council or any party to the compact, the Environmental Hearing Board or any court of competent jurisdiction may assess a civil penalty upon any person who violates the compact or this act. The maximum civil penalty that may be assessed is $5,000 per day for each violation. Each violation of any provision of the compact or this act, and each violation for each separate day, shall constitute a separate offense. In determining the amount of a civil penalty, the Environmental Hearing Board or court shall consider the degree of willfulness or negligence, the duration of the violation, savings resulting to the person as the result of the violation, damage to the water resources or water-related natural resources resulting from the violation, cooperation by the alleged violator in correcting any violations or related impacts and other relevant factors.