(1) The commissioner or the commissioner's designee has the right to enter any place where hazardous substances or substances which may be hazardous are, or may have been generated, stored, transported, treated, disposed of, or otherwise handled. The commissioner has the right to enter any other property which must be entered in order to reach the hazardous substance site.
(2) Any entry by the commissioner for activities authorized in this section shall be construed as an exercise of police power and shall not be construed as an act of condemnation of property or of trespass.
(3) Any person who refuses entry to the commissioner for activities authorized in this section shall be subject to a fine of up to one thousand dollars ($1,000). In addition, such person shall be subject to a civil penalty of up to ten thousand dollars ($10,000), as described in § 68-212-213.
(4) Each refusal of entry or act preventing sample collection shall constitute a separate offense.