Section 71-2115. Penalty assessment criteria

In  determining  the  amount  of any fine, penalty or sentence imposed
  pursuant to this title, the commissioner or the court  shall  take  into
  consideration  any evidence introduced by a party regarding the economic
  impact of a penalty on a business, the compliance history of a violator,
  good faith efforts  of  a  violator  to  comply,  any  economic  benefit
  obtained  from  noncompliance,  the  amount  of risk or damage to public
  health or the environment caused by a violator,  whether  the  violation
  was procedural in nature, or such other factors as justice may require.