to title III may be assessed a civil penalty by the Secretary concerned. (2) Cessation order If the violation leads to the issuance of a cessation order under subsection (a)(2), the Secretary concerned shall assess the civil penalty. (3) Maximum amount The penalty shall not exceed $5,000 for each violation. (4) Continuing violations Each day of continuing violation may be considered a separate violation for purposes of penalty assessments. (5) Factors affecting amount In determining the amount of the penalty for a violation by a person, the Secretary concerned shall consider— (A) the history of the person of previous violations