(i) To access during regular business hours and to conduct unannounced random inspections of any facility located in this Commonwealth that stores, holds, blends, sells, offers for sale or otherwise transfers title to diesel fuel, biodiesel or biodiesel blend. Inspections shall include the premises of the facility, tanks, storage facilities, transportation and storage vehicles, dispensing devices and any other place where diesel fuel, biodiesel or biodiesel blend is stored, held, blended, sold, offered for sale or title to which is otherwise transferred.

(ii) To take samples of and test the diesel fuel, biodiesel and biodiesel blend being stored, held, blended, sold, offered for sale or title to which is otherwise being transferred.

(iii) To audit and copy the books and records pertaining to the diesel fuel, biodiesel or biodiesel blend being stored, held, sold, offered for sale or title to which is otherwise being transferred, and its component parts, including:

(iv) To issue stop-sale orders with respect to all biodiesel blend and biodiesel stored, held, blended, sold or title to which is otherwise transferred or offered for sale to consumers in this Commonwealth for use in on-road compression ignition engines if the department determines, after sampling and analysis, that the biodiesel blend or biodiesel does not comply with the standards established under this act or the regulations promulgated under this act and would be detrimental to the operation of on-road compression ignition engines if used for its intended use. The department may release the noncompliant biodiesel blend or biodiesel for sale only when the department determines the biodiesel blend or biodiesel is either brought into compliance with this act or regulations promulgated under this act or it would no longer be detrimental to the operation of on-road compression ignition engines if used for its intended use. All such biodiesel blend or biodiesel must be properly labeled as to its noncompliant characteristics if released and permitted to be sold without being brought into compliance with this act or regulations promulgated under this act. A person that knowingly sells, offers for sale or otherwise transfers title to biodiesel blend or biodiesel in this Commonwealth subject to a stop-sale order for use by consumers in on-road compression ignition engines commits a misdemeanor of the third degree.

(1)(i) The department may assess a civil penalty of not less than $100 nor more than $1,000 per day for each knowing violation of this act or a regulation promulgated under this act.

(ii) If a person fails to pay all or a portion of a penalty assessed against the person, the department may refer the matter to the Office of General Counsel or the Office of Attorney General, which shall institute an action in the appropriate court to recover the penalty.

(i) Unless otherwise specified in this act, for the first offense, commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $500 plus costs of prosecution or to imprisonment for not more than 90 days, or both.

(ii) For a subsequent offense at one location that occurs within two years of sentencing for the prior violation at the same location, commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not less than $500 nor more than $1,000 plus costs of prosecution or to imprisonment of not more than one year, or both.

(i) Federal and State funds appropriated to the department for implementation and administration of this act.

(ii) Notwithstanding the provisions of 42 Pa.C.S. §§ 3733 (relating to deposits into account) and 3733.1 (relating to surcharge), all fines, judgments and penalties, including administrative, civil and criminal penalties, and interest on the foregoing collected by the department under this act.

(iii) Interest and any other earnings on money in the account.

(iv) Funds from any other source, including gifts and other contributions from public and private sources.