(a) The Commissioner, an authorized employee of the Department, or an authorized contractor or agent of the Department, upon presentation of his credentials, shall have the right to enter upon or through premises of persons subject to this chapter, under the following circumstances:
(1) A violation of this chapter, or rules and regulations promulgated pursuant thereto is reasonably believed to be occurring or is reasonably believed to be about to occur, to investigate, take samples of, and copy all records relating to the storage of regulated substances in underground storage tanks, and to inspect for compliance with the requirements imposed under this chapter, or rules and regulations promulgated pursuant thereto, or to determine whether such a violation or threatened violation exists; or
(2) A release of a regulated substance in violation of this chapter, or rules and regulations promulgated pursuant thereto is reasonably believed to be occurring or is reasonably believed to have previously occurred, and it is necessary to investigate, take samples, copy all records relating to storage of regulated substances in underground storage tanks, and inspect for compliance with the requirements imposed under this chapter, or the rules and regulations promulgated pursuant thereto in order to determine whether such a current release is occurring or past release has occurred and to conduct appropriate corrective action for any release which may currently exist or may have existed.
(3) The Department is conducting systematic inspections of all facilities subject to the requirements of this chapter, or rules and regulations promulgated pursuant thereto in a manner designed to determine compliance or non-compliance, to verify the accuracy of information submitted by owners or operators of regulated UST systems, and to verify adequacy of methods utilized by owners or operators in developing that information.
(b) If a person does not consent to an inspection or investigation, the Commissioner, or an authorized employee of the Department, shall have the authority through the Attorney General of the Virgin Islands to seek and shall be entitled to the issuance of a warrant from any court of competent jurisdiction authorizing an inspection or search of the premises based upon a prima facie showing of one or more of the foregoing factors, events, or occasions.
(c) Any real property owner or person in possession of property adjoining a leaking underground storage tank site who refuses to allow either the owner or operator of an UST system, or the authorized employees, agents or contractors of the Department, access for purposes of providing corrective action for any contamination that may have migrated onto his real property from the leaking underground storage tank site shall be responsible for the remediation and cleanup of contamination of his property, as well as any contamination that may migrate or have migrated off his property onto the real property of another.