Environmental Lien and AUL State Statutes

Where Environmental Liens are filed
To establish its priority among other secured parties and creditors, EPA must file notice of the lien “in the appropriate office within the State (or county or other governmental subdivision), as designated by State law, in which the real property subject to the lien is located.” (Section 107 (1) (3)).

Super Priority Lien Statutes
A lien is a legal claim against the title of property to secure the payment of a debt or the performance of an obligation.  The Environmental Protection Agency (EPA) is authorized under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C. 9601 et seq.) to file environmental liens and many States also allow their environmental agencies to file liens on contaminated property to secure the recovery of response costs. Some State Liens can also attach to revenues of responsible parties.  Typically, a lien placed upon a property is given priority based upon the order in which they are recorded.  In some states, provisions may allow an environmental enforcement agency to impose upon a contaminated parcel which takes priority over any prior liens on the parcel, which is a super priority lien.

Alabama:

Where Environmental Liens are filed

Alabama adopted the Uniform Federal Lien Registration Act – AL Code 35-11-42. Environmental Liens are filed at the Judge of Probate’s Office in the county where the real estate is located.

Super Priority Lien Statutes

Alabama does not have a statute imposing a super priority lien for clean up of hazardous waste.

Alaska:

Where Environmental Liens are filed

Alaska adopted the Uniform Federal Lien Registration – AS 40.19.020. Environmental Liens are filed in the Clerk’s Office in the recording district in which the real property is located.

Super Priority Lien Statutes

Alaska does not have a statute imposing a super priority lien for clean up of hazardous waste. 

Arizona:

Where Environmental Liens are filed

Arizona adopted the Uniform Federal Lien Registration – ARS Section 33-963. Environmental Liens are filed in the County Recorder’s Office where the property is situated.

Super Priority Lien Statutes

Arizona does not have a statute imposing a super priority lien for clean up of hazardous waste.

Arkansas:

Where Environmental Liens are filed

California adopted the Uniform Federal Lien Registration Act – Code of Civil Procedure Section 2100-2107. Environmental Liens are filed in the County Recorder’s office where the real estate is located.

Super Priority Lien Statutes

Arkansas does not have a statute imposing a super priority lien for clean up of hazardous waste.

California:

Where Environmental Liens are filed

California adopted the Uniform Federal Lien Registration Act – Code of Civil Procedure Section 2100-2107. Environmental Liens are filed in the County Recorder’s office where the real estate is located.

Super Priority Lien Statutes

California does not have a statute imposing a super priority lien for clean up of hazardous waste. 

Comments:  Cal. Health & Safety Code §25395.83 Statute allows the state agencies to file a lien for unrecovered cleanup costs against properties owned by non-liable parties (innocent landowners, bona fide purchasers and contiguous property owners) but only to the extent that the cleanup has increased the fair market value of the property.

Under Public Resources Code  §2796.5 the state may remediate or reclaim mined lands where financially able operator cannot be located, and may record a non-priority lien against the affected property.

Colorado:

Where Environmental Liens are filed

Colorado adopted the Uniform Federal Lien Registration Act – CRS 38-25-101 et seq. Environmental Liens are filed in the Office of the Clerk/Recorder where the real estate is located.

Super Priority Lien Statutes

Colorado does not have a statute imposing a super priority lien for clean up of hazardous waste.

Connecticut:

Where Environmental Liens are filed

Connecticut adopted the Uniform Federal Lien Registration Act – Section 49-32a of the General Statutes. Environmental Liens are filed in the office of the clerk of the town in which where the real estate is located.

Super Priority Lien Statutes

Connecticut has a first priority Super Lien Statute for clean up of hazardous waste.  Conn. Gen. Stat. §22a-452a [Enacted in 1984, amended in 1985, 1987, 1997, 2001 and 2007]

Comments:  The statute excludes residential real estate and liens older than June 3rd, 1985.  The General Statutes allows the State of Connecticut to claim a lien for any amount paid by the Commissioner of Environmental Protection to contain and remove or mitigate the effects of a spill on real property.  The lien is not effective unless a certificate of lien is filed in the land records of the town in which the property is located describing the property, the amount of the lien, and the name of the owner. In addition, the Commissioner must mail a copy of the lien to all persons of record holding an interest in the property over which the lien is entitled to priority.

Delaware:

Where Environmental Liens are filed

Delaware adopted the Uniform Federal Lien Registration Act – 25 Del. C. Chapter 31. Environmental Liens are filed in the Office of the Recorder of Deeds where the real estate is located.

Super Priority Lien Statutes

Delaware does not have a statute imposing a super priority lien for clean up of hazardous waste.

Comments: Pursuant to 7 Del. C. §9115, when a release of a hazardous substance has been determined by the Secretary of the Department of Natural Resources, the owner of the subject property is required to file a notice of release in the office of the Recorder of Deeds of the county in which the property is located.  The Secretary of the Department of Natural Resources is authorized to bring an action in the Superior Court against any potentially responsible party to collect remedial costs incurred by the Secretary. 7 Del. C. §9109(d). Upon obtaining a judgment pursuant to Section 9109(d), such judgment would become a lien against all property owned by the responsible party in the county in which the judgment was obtained. 10 Del. C. §4716.

District of Columbia:

Where Environmental Liens are filed

District of Columbia has not adopted the Uniform Federal Lien Registration Act. Environmental Liens are filed in the Office of the Recorder of Deeds. Environmental Liens may also be filed in the Federal District Court for the District in which the property is found.

Super Priority Lien Statutes

District of Columbia does not have a statute imposing a super priority lien for clean up of hazardous waste

D.C. Code §42-3131.01 (1979) (recodified from §6-711.01) (allows a tax to be assessed against property which if unpaid is the basis for obtaining a lien against the property) D.C. Mun. Regs. Tit. 20 §4014 (1996).  DC Code Section 8-113.05 (underground storage tanks; reasonable costs of correction and related expenses collected in same manner as real estate taxes); DC Code 47-1312 (a-1) (real estate taxes as super priority lien); DC Code Section 8-113.09 (compliance orders; cease and desist orders)

Florida:

Where Environmental Liens are filed

Florida adopted the Uniform Federal Lien Registration Act – 713.901. Notices of liens upon real property for obligations payable to the United States, and certificates and notices affecting the liens, shall be filed in the office of the clerk of the circuit court of the county in which the real property subject to the liens is situated. If by law the county recorder and custodian of the official records of a county is other than the clerk of the circuit court, a reference in this section to the clerk of the circuit court shall be deemed to be the county recorder so designated by law.

Super Priority Lien Statutes

Florida does not have a statute imposing a super priority lien for clean up of hazardous waste, except Miami-Dade County

Comments:  Miami-Dade County Code §24-31(8) .01 [Enacted in 1983; repealed and re-enacted in different section 2004 (previously §24-57(i)].  Whereas the county must take steps to investigate, control and abate pollution conditions, and restore damaged conditions, the county may assert a first priority lien against the affected property, equal in rank to county tax liens.

Georgia:

Where Environmental Liens are filed

Georgia has not adopted the Uniform Federal Lien Registration Act, but has adopted acts modeled on its predecessor, the Uniform Federal Tax Lien Registration Act – OCGA 44-14-517. Environmental Liens are filed in the office of the clerk of the Superior Court of the county in which the real property is located.

Super Priority Lien Statutes

Georgia does not have a statute imposing a super priority lien for clean up of hazardous waste.

Comments:  The "Georgia Underground Storage Tank Act," OCGA 12-13-1 et seq., provides for a lien on the real property on which underground storage tanks which caused discharge are located, even if owned by a person other than the operator. (OCGA 12-13-12) There is no requirement to file the lien to make it effective. While the lien may be perfected by a filing in the local real estate records, it may otherwise be "hidden." Further, there is no provision in the statute for termination of such a lien.

Hawaii:

Where Environmental Liens are filed

Hawaii has a modified version of the Uniform Federal Lien Registration Act – HRS Chapter 505. Hawaii has a dual recording system. Documents affecting real property, such as Environmental Liens, can be recorded in the Land Court System, the Regular System, or both, depending on which system was originally used for the property. The single, statewide recording office for both systems is located in the Department of Land and Natural Resources, Bureau of Conveyances. Documents affecting Land Court property are "registered" in the Office of the Assistant Registrar of the Land Court, located in the Bureau of Conveyances. Documents affecting Regular System property are "recorded" with the Registrar of Conveyances, Bureau of Conveyances.

Super Priority Lien Statutes

Hawaii does not have a statute imposing a super priority lien for clean up of hazardous waste.

Idaho:

Where Environmental Liens are filed

Idaho adopted the Uniform Federal Lien Registration Act. Environmental Liens are filed in the County Recorder’s office where the real estate is located.

Super Priority Lien Statutes

Idaho does not have any statute imposing a super priority lien for cleanup of hazardous waste.

Illinois:

Where Environmental Liens are filed

Illinois adopted the Uniform Federal Lien Registration Act – 770 ILCS 110/2. Environmental Liens are filed in the County Recorder’s office where the real estate is located.

Super Priority Lien Statutes

Illinois has a first priority Super Lien Statute for clean up of hazardous waste (with a few exceptions).  65 ILL. Comp. Stat §5/11-31-1 (e) and (f) [Enacted in 1990, amended in 1991, 1992, 1995, 1997, 1999, 2001, 2002 and 2003]

Comments:  This Statute allows a first priority lien, to which only a tax lien and certain municipal liens are superior against real property where hazardous substances have been investigated, removed or remediated.  Recoverable costs include court cost and attorneys fees, as well as demolition, repair, enclosure, inspection, testing and remediation expenses.

This law also allowed a first priority lien for other zoning and health violations to which only tax liens and certain other third party interests are superior.  A super lien can be filed for the costs to remove garbage, debris or other hazardous noxious or unhealthy substances or materials. 

Indiana:

Where Environmental Liens are filed

Indiana has not adopted the Uniform Federal Lien Registration Act. Environmental Liens are filed in the County Recorder’s office where the real estate is located. Environmental Liens may also be filed in the Federal District Court for the District in which the property is found.

Super Priority Lien Statutes

Indiana does not have a statute imposing a super priority lien for clean up of hazardous waste.

Comments: The Environmental Protection Agency has the ability to acquire a lien on real estate for hazardous waste clean-up. This lien is not a super lien, but rather takes the priority of a judgment lien under state law. In Indiana, the federal lien is perfected by filing a notice of the lien in the recorder's office in the county where the property is located. Indiana Code 13-25-4-11 provides that the State may impose a lien upon property on which clean-up or removal of hazardous substances is undertaken by the State. Such a lien is perfected by recording a notice of the lien in the county recorder's office. The lien continues for ten years unless earlier discharged and satisfied.

Iowa:

Where Environmental Liens are filed

Iowa adopted the Uniform Federal Lien Registration Act – 331.609. Environmental Liens are filed in the Office of the Recorder of the County in which the real property is situated.

Super Priority Lien Statutes

Iowa does not have a statute imposing a super priority lien for clean up of hazardous waste.

Kansas:

Where Environmental Liens are filed

Kansas adopted the Uniform Federal Lien Registration Act – Section 79-2614. Environmental Liens are filed in the Register of Deeds Office.

Super Priority Lien Statutes

Kansas does not have a statute imposing a super priority lien for clean up of hazardous waste.

Kentucky:

Where Environmental Liens are filed

Kentucky has not adopted the Uniform Federal Lien Registration Act. Environmental Liens are filed in the County Clerk’s office where the real estate is located. Environmental Liens may also be filed in the Federal District Court for the District in which the property is found.

Super Priority Lien Statutes

Kentucky does not have a statute imposing a super priority lien for clean up of hazardous waste.

Louisiana:

Where Environmental Liens are filed

Louisiana adopted the Uniform Federal Lien Registration Act – La. R.S. 52:52. Environmental Liens are filed in the parish where the property is located.

Super Priority Lien Statutes

Louisiana has a first priority Super Lien Statute for clean up of hazardous waste (with a few exceptions).  La. Rev. Stat. Ann. §30:2281 [Enacted in 1990, amended in 1991 and 2001]; La. Rev. Stat. Ann. §30:74 [Enacted in 1986, amended in 1990, 1992 and 1997]; La. Rev. Stat. Ann. §30:2195(F)(2) [Enacted in 1995, amended in 1997, 1999, 2001 and 2002].

Comments:  La. Rev. Stat. Ann. §30:2281 allows the State to file a lien against immovable property to recover response costs.  The lien takes priority against all existing encumbrances affecting the property.  Previously perfected encumbrances filed against the property shall continue to have a priority lien only for the fair market value of the property prior to the remedial action.  The state shall have a priority lien on the amount of the increase in the fair market value of the property resulting from the remedial actions.   

La. Rev. Stat. Ann. §30:74 allows an environmental super lien against an abandoned oilfield waste site scheduled for a sheriff’s sale or public auction, for monies expended by the state to investigate the subject property.

La. Rev. Stat. Ann. §30:2195(F)(2) allows an environmental super lien against affected immovable property, for costs incurred by the state for closure of abandoned motor fuel underground storage tanks and for costs associated with the assessment and remediation of property contaminated by an abandoned motor fuel underground storage tank.

Maine:

Where Environmental Liens are filed

Maine adopted the Uniform Federal Lien Registration Act – Me. Rev. Stat. tit. 33, Section 1901 et seq. Environmental Liens are filed in the Registry of Deeds where the real estate is located.

Super Priority Lien Statutes

Maine has a first priority Super Lien Statute for clean up of hazardous waste.  Me. Rev. Stat. Ann. Tit. 38, §1371 [Enacted in 1987, amended in 1992].

Comments:  This statute allows a super environmental lien against real property

Maryland:

Where Environmental Liens are filed

Maryland adopted the Uniform Federal Lien Registration Act or similar legislation – Sections 3-401 through 3-405 “Maryland Revised Uniform Federal Line Registration Act.” Environmental Liens are filed in the Circuit Court for the County or Baltimore City in which the property lies.

Super Priority Lien Statutes

Maryland does not have a statute imposing a super priority lien for clean up of hazardous waste.

Massachusetts:

Where Environmental Liens are filed

Massachusetts has not adopted the Uniform Federal Lien Registration Act. Environmental Liens are filed at the Registry of Deeds. Environmental Liens may also be filed in the Federal District Court for the District in which the property is found.

Super Priority Lien Statutes

Massachusetts has a first priority Super Lien Statute for clean up of hazardous waste.  Mass. Gen. Laws Ann. Ch. 21E, §13 [Enacted in 1983, amended in 1983, 1992, 1996, 1998 and 2001].

Comments:  This statute allows an environmental lien against all real and personal property owned by liable parties.  However, a first priority lien applies to the affected site only.  Also, residential property is not subject to a super environmental lien; rather, a lien on residential property will take its place behind prior liens

Michigan:

Where Environmental Liens are filed

Michigan adopted the Uniform Federal Lien Registration Act – MCLA 600.4035. Environmental Liens are filed with the Register of Deeds in the county where the property resides

Super Priority Lien Statutes

Michigan has a first priority Super Lien Statute for clean up of hazardous waste.  Mich. Comp. Laws §324.20138(2), 4 [Enacted in 1990, recodified in 1994, amended in 1995].

Comments:  If the attorney general determines that a lien which has arisen upon the facility in favor of the state for all unpaid costs and damage relating to the cleanup is not sufficient, then the attorney general will petition the circuit court for a "Superlien" that has priority over all other liens on the property whenever recorded. [MCLA 299.616a(2)(a)]

When the state conducts a cleanup of property, a lien arises in favor of the state for all unpaid costs and damages. This lien has priority over all other liens and encumbrances except those recorded before the date the state's lien is recorded. [MCLA 299.616a(1)]

Minnesota:

Where Environmental Liens are filed

Minnesota adopted the Uniform Federal Lien Registration Act – Section 272.481. Environmental Liens are filed with the office of the County Recorder or Registrar of Title in which the property is located.

Super Priority Lien Statutes

Minnesota does not have a statute imposing a super priority lien for clean up of hazardous waste.

Comments: The Minnesota superfund program is called the Minnesota Environmental Response and Liabilty Act (MERLA) contained in Chapter 115B of the Minnesota Statutes. All cleanup action expenses for which a person is liable to the state under section 115B.04 or 115C.04 constitute a lien in favor of the state. An environmental lien attaches when: cleanup action costs are first incurred by the state with respect to a cleanup action; the owner is provided, certified or registered mail, written notice of potential liability; and a lien notice is filed. The lien must be filed with the county recorder or registrar of title in the county where the property is located. An environment lien continues until the liability from the cleanup action costs, or a judgment against the owner arising out of the liability is satisfied or becomes unenforceable through operation of the statute of limitations under section 115B.11 or 541.05, subdivision 1, clause (2), unless the lien is released. An action for recovery of response costs, including recovery of costs and expenses may be commenced any time after costs and expenses have been incurred, but must be commenced no later than six years after the initiation of physical on-site construction.

Mississippi:

Where Environmental Liens are filed

Mississippi adopted the Uniform Federal Lien Registration Act – 86-8-5. Environmental Liens are filed in the Office of the Chancery Clerk of the County where the real estate is located.

Super Priority Lien Statutes

Mississippi does not have a statute imposing a super priority lien for cleanup of hazardous waste. 

Comments:  There is a statute which created a trust fund for the evaluation of sites for establishing cleanup levels and they may collect a fee and my impose penalties for failure to follow guidelines but there is no statute for establishing a super fund lien.

Missouri:

Where Environmental Liens are filed

Missouri has not adopted the Uniform Federal Lien Registration Act. Environmental Liens are filed in the Recorder’s Office of the county in which the property is located. Environmental Liens may also be filed in the Federal District Court for the District in which the property is found.

Super Priority Lien Statutes

Missouri does not have a statute imposing a super priority lien for cleanup of hazardous waste.

Montana:

Where Environmental Liens are filed

Montana adopted the Uniform Federal Lien Registration Act –Section 71-3-204 MCA. Environmental Liens are filed in the Office of the Clerk/Recorder where the real estate is located.

Super Priority Lien Statutes

Montana has a first priority Super Lien Statute for clean up of hazardous waste.  Mont. Code Ann. §82-4-239(5)(a), (c) [Enacted in 1973, amended in 1975, 1979, 1983, 1995 and 2003].

Comments: This is restricted to state cleanup of former mining lands, where the property owner is either not known or refuses permission for the state to enter the property for restoration or cleanup.  Within six (6) months after completing the cleanup, the state may file a notice that constitutes a first priority lien, to which only real estate tax liens are superior, in an amount up to the increase in appraised property value resulting from the state’s cleanup activities.

Nebraska:

Where Environmental Liens are filed

Nebraska adopted the Uniform Federal Lien Registration Act – NEB. REV. STAT Section 52-1001 to 52-1008. Environmental Liens are filed in the Office of the Register of Deeds where the real estate is located.

Super Priority Lien Statutes

Nebraska does not have a statute imposing a super priority lien for the cleanup of hazardous waste.

Nevada:

Where Environmental Liens are filed

Nevada adopted the Uniform Federal Lien Registration Act – NRS108.825-837. Environmental Liens are filed in the County Recorder’s Office in the county where the real estate is located.

Super Priority Lien Statutes

Nevada does not have a statute imposing a super priority lien for the cleanup of hazardous waste.

New Hampshire:

Where Environmental Liens are filed

New Hampshire adopted the Uniform Federal Lien Registration Act – 454-B:2. Environmental Liens are filed in the Registry of Deeds in the county where the real estate is located.

Super Priority Lien Statutes

Nebraska does not have a statute imposing a super priority lien for the cleanup of hazardous waste.

New Jersey:

Where Environmental Liens are filed

New Jersey adopted the Uniform Federal Lien Registration Act – N.J.S.A. 46:16-15, et seq. Environmental Liens are filed in the Office of the County Recording Officer where the real estate is located.

Super Priority Lien Statutes

New Jersey has a first priority Super Lien Statute for clean up of hazardous waste.  N.J. Stat. Ann. §58:10-23.11f(f) [Enacted in 1979, amended in 1981, 1983 and 1985] and N.J. Stat. Ann. §58:10B-25.2 [Enacted in 2005].

Comments:  .  N.J. Stat. Ann. §58:10-23.11f(f) allows the State to file a super environmental lien against affected real property.  A non-priority lien is allowed against all other revenues and real and personal property of a liable party. 

N.J. Stat. Ann. §58:10B-25.2  allows the state to file a super environmental lien against contaminated property in a brownfield development area, where the state has awarded a grant to a municipality, county or development entity under the New Jersey Hazardous Discharge Site Remediation Fund, and the grantee is not the property owner.  The environmental lien is removed from the property in the event the municipality, county or redevelopment agency subsequently take title to the property.  In addition, where the property comprises six dwellings or less and is used for residential purposes only, the law allows only a non-priority lien.

New Mexico:

Where Environmental Liens are filed

New Mexico adopted the Uniform Federal Lien Registration Act – Sections 48-1-1 to 48-1-7 NMSA (1978). Environmental Liens are filed with the Clerk of the County where the real estate is located.

Super Priority Lien Statutes

New Mexico with the exception of mining lands and refuse does not have a statute imposing a super priority lien for the cleanup of hazardous waste.

Comments: There are two statutes which provide for an environmental type lien that imposes priority over previously recorded instruments. Section 3-48-7 NMSA (1978) provides for a lien which shall be superior to all other liens except general property taxes for removal of refuse, waste, or other unwholesome materials from the property by the governmental authority pursuant to Sections 3-48-1 through 3-48-7 NMSA (1978). Section 69-25B-8 NMSA (1978) permits the State of New Mexico to file a lien on land containing an abandoned mine where the cost incurred by the state in cleaning up or abating the adverse effects of past mining practices where the effects of the mining operations is adversely affecting the water supply or adjoining lands. (Abandoned Mine Reclamation Act (Sections 69-25B-1 through 69-25B-12 NMSA (1978))

New York:

Where Environmental Liens are filed

New York adopted the Uniform Federal Lien Registration Act – Lien (Chapter 33), Article 10-A. Environmental Liens are filed in the office of the Clerk of the County where the real estate is located.

Super Priority Lien Statutes

New York has a first priority Super Lien Statute for clean up of hazardous waste.  N.Y. Envtl. Conserv. Law §56-0508 [Enacted in 2003] and New York City NYC Admin. Code §16-131.3 [Enacted in 1990, amended in 2005].

Comments: N.Y. Envtl. Conserv. Law §56-0508 enacted that upon commencement of tax foreclosure proceedings, local governmental authority may seek a court order allowing authority to conduct an environmental restoration investigation pursuant to state Brownfield law.  Costs of investigation are added to the taxes owed to, and tax lien of, local governmental authority.

New York City has an Administrative Code (NYC Admin. Code §16-131.3) which allows the Department of Sanitation to file a first priority lien, subject only to tax liens, where the Department has abated a property where conditions, including Solid waste, have been found hazardous to the public health and safety.

North Carolina:

Where Environmental Liens are filed

North Carolina adopted the Uniform Federal Lien Registration Act – NCGS 44-68.10. Environmental Liens are filed in the Clerk of Superior Court of the county where the real estate is located.

Super Priority Lien Statutes

North Carolina does not have a statute imposing a super priority lien for the cleanup of hazardous waste.

North Dakota:

Where Environmental Liens are filed

North Dakota adopted the Uniform Federal Lien Registration Act – 35-29-02. Environmental Liens are filed in the Office of the Recorder of the county where the real estate is located.

Super Priority Lien Statutes

North Dakota does not have a statute imposing a super priority lien for the cleanup of hazardous waste.

Ohio:

Where Environmental Liens are filed

Ohio has not adopted the Uniform Federal Lien Registration Act – Environmental Liens are filed in the Office of the Recorder of the county where the real estate is located. Environmental Liens may also be filed in the Federal District Court for the District in which the property is found.

Super Priority Lien Statutes

Ohio does not have a statute imposing a super priority lien for the cleanup of hazardous waste.

Comments:  The State of Ohio has the following statutes to file non-priority environmental liens  (Ohio Rev. Code Ann. §3734.22 (1980, amended 2005 and 2006) and Ohio Rev. Code Ann §3734.20(B) (1980, amended 2006)

Oklahoma:

Where Environmental Liens are filed

Oklahoma adopted the Uniform Federal Lien Registration Act – 68 O.S. Section 3401 through 3407. Environmental Liens are filed in the Clerk of the County where the real estate is located.

Super Priority Lien Statutes

Okalahoma does not have a statute imposing a super priority lien for the cleanup of hazardous waste.

Oregon:

Where Environmental Liens are filed

Oregon adopted the Uniform Federal Lien Registration Act – ORS 205.127. Environmental Liens are filed in the Office of the County Clerk of the county where the real estate is located.

Super Priority Lien Statutes

Oregon does not have a statute imposing a super priority lien for the cleanup of hazardous waste.

Comments:  Oregon law permits a state lien (without super priority) for hazardous materials compliance and cleanup (ORS 465.335, 466.205), underground storage tank enforcement (ORS 466.835), and illegal drug cleanup (ORS 475.485). Upon recording of a claim of lien, the lien attaches to real property of the person liable for the demand. The claim of lien must include, among other information, a description of the property charged with the lien and must be recorded in the county where the affected property is situated. The lien's priority is established by the recording date, except that an illegal drug cleanup lien has priority over a local government forfeiture or a state claim under ORS 166.715 to 166.735. The statutes do not specify an expiration date or limitation period.

Pennsylvania:

Where Environmental Liens are filed

Pennsylvania adopted the Uniform Federal Lien Registration Act. Environmental Liens are filed in the Office of the Recorder of Deeds of the county where the real estate is located.

Super Priority Lien Statutes

Pennsylvania has a first priority Super Lien Statute for clean up of hazardous waste.  32 Pa. Stat. Ann. §5116(a)(1) [Enacted in 1968; amended in 1970, 1972, 1976, 1980 and 1982]

Comments: The Land and Water Conservation and Reclamation Act, (32 PS Section 5101, et seq.), imposes a super priority lien for cleanup of hazardous waste. The liens arise upon identification, expenditures of clean-up monies by the Department of Environmental Resources, and issuance by said Department to the owner of a statement of expenditures. This "statement shall constitute a lien upon the said land as of the date of the expenditure of monies and shall have priority as a lien second only to the lien of real estate taxes imposed upon said land." The lien shall not exceed the amount determined by an independent appraiser to be the increase in the market value of the land as a result of the abatement of the pollution immediately after the Department has completed its work. "(A)nd the lien shall extend to only that portion of the premises directly involved in the work of the Department of Environmental Resources under this act." (32 PS Section 5116) These liens are filed in the judgment index in the county in which the property is located.

The enforcement of this lien is by issuance of a writ of execution without prosecution to judgment of writ of scire facias. The rules for duration (20 years), enforcement, collection, and revival are the same as for municipal liens. (53 PS Sections 7101 et seq.) Revival of the liens can be made for 20-year periods pursuant to Section 7183 of this article.

Rhode Island:

Where Environmental Liens are filed

Rhode Island adopted the Uniform Federal Lien Registration Act – R.I.G.L. Section 34-34-1. Environmental Liens are filed in the Land Evidence Records of the city or town where the land is located.

Super Priority Lien Statutes

Rhode Island the state has no statute imposing a super priority lien for clean up of hazardous waste.

South Carolina:

Where Environmental Liens are filed

South Carolina adopted the Uniform Federal Lien Registration Act – SC Code § 12-57-60. Environmental Liens are filed in the County Register of Deeds or Clerk of Court where the real estate is located.

Super Priority Lien Statutes

South Carolina the state has no statute imposing a super priority lien for clean up of hazardous waste.

Comments:  Their priority relative to existing mortgages or other liens has not been litigated. Whether the lien will be deemed to relate back to some time prior to filling (e.g., the time the actual physical pollution took place) is unknown. The lien has no statutory time limit. Penalty provisions include the following:

SC Code §48-1-350. Penalties shall constitute debts to State; liens; disposition of moneys collected.

South Dakota:

Where Environmental Liens are filed

South Dakota adopted the Uniform Federal Lien Registration Act – SDCL 15-16-7. Environmental Liens are filed in the Office of the Clerk of Circuit Court in the county where the land is located.

Super Priority Lien Statutes

South Dakota does not have a statute imposing a super priority lien for the cleanup of hazardous waste.

South Dakota does have a statute that imposes a lien for clean up of hazardous waste. However, in Chapter 34A-15, Limitation on Liability of Lenders for Environmental Damage, specific legislation has been passed so that lenders can predict with more certainty what the costs will be if they foreclose. They also intended to limit third party liability for lenders who comply with certain conditions.

Tennessee:

Where Environmental Liens are filed

Tennessee adopted the Uniform Federal Lien Registration Act – TCA 66-21-201. Environmental Liens are filed in the Register’s Office in the county where the land is located.

Super Priority Lien Statutes

Tennessee does not have a statute imposing a super priority lien for the cleanup of hazardous waste.

Comments:  The state's lien for hazardous waste management is created by filing notice in the Register's Office of the county where the land lies and its priority dates from such filing. (TCA 68-212-209) No limitation for enforcement of the lien is provided.

Texas:

Where Environmental Liens are filed

Texas adopted the Uniform Federal Lien Registration Act – Tex. Prop. Code Ann. Section 14.001 through 14.007. Environmental Liens are filed in the Office of the County Clerk in the county where the land is located.

Super Priority Lien Statutes

Texas with the exception of mining lands (16 Tex. Admin. Code §12-816) [Enacted in 1999] does not have a statute imposing a super priority lien for the cleanup of hazardous waste.

Comments:  When the Railroad Commission of Texas (16 Tex. Admin. Code §12-816) restores privately owned mining lands, and the restoration results in a significant increase in property value, the Commission may file a lien, together with proof of increase in property value, in an amount up to the increase in property value.  The environmental lien is second only to a property tax lien.  Prior to filing a lien, the Commission must notify the landowner of its claim and must allow the owner a reasonable time to satisfy the claim.  Liens may not be filed against a party who has owned the land since May 1977 and who did not consent to, participate in or exercise control over the mining operation.

Otherwise, a lien in favor of the state for remediation costs is imposed by §361.194 of the Health and Safety Code. That lien attaches to real property upon the filing of an affidavit executed by an authorized representative of the Texas Natural Resource Conservative Commission. It does not have superpriority and does not relate back to a time before the affidavit is filed with the county clerk of the county in which the property is located. The lien may be foreclosed only by court judgment, and a suit for cost recovery must be instituted no later than one year from the completion of all remediation action.

Utah:

Where Environmental Liens are filed

Utah has not adopted the Uniform Federal Lien Registration Act. Environmental Liens are filed in the Office of the County Recorder where the real estate is located. Environmental Liens may also be filed in the Federal District Court for the District in which the property is found.

Super Priority Lien Statutes

Utah, with the exception of mining lands (Utah Code §40-10-27) [Enacted in 1979, amended in 1992, 1994, 1995, 1996 and 1997] does not have a statute imposing a super priority lien for the cleanup of hazardous waste.

Comments:  The State of Utah does impose an environmental lien for the reclamation of land adversely affected by past coal mining practices. Such liens are to be recorded in the county recorder's office for the county in which the land is located. (Sections 40-10-27,28 UCA)

Vermont:

Where Environmental Liens are filed

Vermont has not adopted the Uniform Federal Lien Registration Act. Environmental Liens are filed in the Clerk of the County where the real estate is located. Environmental Liens may also be filed in the Federal District Court for the District in which the property is found.

Super Priority Lien Statutes

Vermont does not have a statute imposing a super priority lien for the cleanup of hazardous waste

There are no hidden super priority liens for hazardous waste in Vermont. To obtain a hazardous waste lien against real property, the State of Vermont would have to file suit and obtain a Writ of Attachment. The lien would be perfected upon recording in the Land Records and is effective until the suit is concluded in favor of the defendant landowner or the State of Vermont. If the latter prevails, the lien of the attachment would be superceded by a judgment lien, created by recording the Judgment Order in the Land Records

Virginia:

Where Environmental Liens are filed

Virginia adopted the Uniform Federal Lien Registration Act – Virginia Code Section 55-142.1, et seq. Environmental Liens are filed in the Clerk of the Circuit Court of the County where the real estate is located.

Super Priority Lien Statutes

Virginia does not have a statute imposing a super priority lien for the cleanup of hazardous waste

Washington:

Where Environmental Liens are filed

Washington adopted the Uniform Federal Lien Registration Act – RCW 60.68 et seq. Environmental Liens are filed in the Recorder’s Office in the county where the real estate is located.

Super Priority Lien Statutes

Washington does not have a statute imposing a super priority lien for the cleanup of hazardous waste

West Virginia:

Where Environmental Liens are filed

West Virginia adopted the Uniform Federal Lien Registration Act – Code Section 38-10A-2. Environmental Liens are filed in the Clerk of the County Commission where the real estate is located.

Super Priority Lien Statutes

West Virginia does not have a statute which imposes a super priority lien for cleanup of hazardous waste.

Wisconsin:

Where Environmental Liens are filed

Wisconsin adopted the Uniform Federal Lien Registration Act – Sec. 779.97. Environmental Liens are filed in the Office of the Register of Deeds where the real estate is located.

Super Priority Lien Statutes

Wisconsin has a first priority Super Lien Statute for clean up of hazardous waste.  Wis. Stat. §292.81 [Enacted in 1993 recodified in 1996, effective January 1, 1997, amended in 1997]

Comments:  Under Wisconsin's Superfund law (Sec. 144.442, Wis. Stats.), the Wisconsin Department of Natural Resources (DNR) is also empowered to take remedial action and incur expenditures in order to control the discharge of hazardous substances on land. Effective May 13, 1994, the state Superfund law was amended to provide that any expenditures by the DNR shall constitute a state lien upon the property for which expenses are incurred. (Sec. 144.73(13) Wis. Stats) After expenses have been incurred, the DNR may also record a non-consensual document in the office of the register of deeds. As amended, the law affords superpriority to the DNR's state lien: in the event a lien document is recorded, the DNR's lien relates back in time to the date on which the expenditures were incurred, and as to nonresidential property takes priority over certain other liens which were previously recorded.

Wyoming:

Where Environmental Liens are filed

Wyoming adopted the Uniform Federal Lien Registration Act – Wyo. Stat. 29-6-204. Environmental Liens are filed in the Office of the County Clerk of the county where the real estate is located.

Super Priority Lien Statutes

Wyoming does not have any statute imposing a super priority lien for cleanup of hazardous waste.