(2) At the discretion of the Department of Environmental Quality, the department may file a claim of lien on real property or a claim of lien on personal property. The department shall file a claim of lien on real property to be charged with a lien under this section with the recording officer of each county in which the real property is located and shall file a claim of lien on personal property to be charged with a lien under this section with the Secretary of State. The lien shall attach and become enforceable on the day of such filing. The lien claim shall contain:
(a) A statement of the demand;
(b) The name of the person against whose property the lien attaches;
(c) A description of the property charged with the lien sufficient for identification; and
(d) A statement of the failure of the person to conduct removal or remedial action and pay penalties and damages as required.
(3) The lien created by this section may be foreclosed by a suit on real and personal property in the circuit court in the manner provided by law for the foreclosure of other liens.
(4) Nothing in this section shall affect the right of the state to bring an action against any person to recover all costs and damages for which the person is liable under ORS 465.255, 465.260 or 465.900. [Formerly 466.583]
Structure 2021 Oregon Revised Statutes
Volume : 13 - Housing, Games, Environment
Chapter 465 - Hazardous Waste and Hazardous Materials I
Section 465.003 - Definitions for ORS 465.003 to 465.034.
Section 465.027 - Contract for assistance with higher education institution.
Section 465.032 - Form of implementation summary; information required.
Section 465.034 - Application of ORS 465.003 to 465.034.
Section 465.101 - Definitions for ORS 465.101 to 465.131.
Section 465.112 - Amounts held in trust; enforcement.
Section 465.117 - Records of petroleum products transactions; inspection by Department of Revenue.
Section 465.200 - Definitions for ORS 465.200 to 465.545.
Section 465.205 - Legislative findings.
Section 465.210 - Authority of department for removal or remedial action.
Section 465.215 - List of facilities with confirmed release.
Section 465.220 - Comprehensive statewide identification program; notice.
Section 465.230 - Removal of facilities from inventory; criteria.
Section 465.260 - Removal or remedial action; reimbursement of costs; liability; damages.
Section 465.270 - Legislative findings and intent.
Section 465.275 - Remedial action and financial assistance program; contracts for implementation.
Section 465.285 - Requirements for financial assistance; contents of agreements.
Section 465.330 - State remedial action costs; payment; effect of failure to pay.
Section 465.335 - Costs, penalties and damages as lien; enforcement of lien.
Section 465.340 - Contractor liability; indemnification.
Section 465.375 - Monthly fee of operators; amount; use of moneys.
Section 465.376 - Special hazardous waste management fees; use of fees.
Section 465.400 - Rules; designation of hazardous substance.
Section 465.405 - Rules; "confirmed release"; "preliminary assessment."
Section 465.420 - Remedial Action Advisory Committee.
Section 465.430 - Legislative findings.
Section 465.435 - Rules relating to exemption from liability for security interest holder.
Section 465.475 - Definitions for ORS 465.475 to 465.484.
Section 465.481 - General liability insurance policies; assignment.
Section 465.483 - General liability insurance policies; duty to defend; environmental consultants.
Section 465.507 - Dry cleaning advisory group.
Section 465.517 - Annual fee and gross revenue fee for dry cleaning facilities.
Section 465.520 - Fee on sale or transfer of dry cleaning solvent; exemption.
Section 465.523 - Fee on use of dry cleaning solvent.
Section 465.525 - Calculation of fee for partial gallons; refund or credit.
Section 465.536 - Late charges; enforcement by Department of Revenue.
Section 465.545 - Suspension of dry cleaning fees; recommendation to Legislative Assembly.
Section 465.550 - Definitions for ORS 465.550 and 465.555.
Section 465.600 - Definitions for ORS 465.600 to 465.621.
Section 465.603 - Procedure to create public authority.
Section 465.606 - Board of directors; rules; quorum; personnel.
Section 465.609 - General powers; advisory committees; notice of land disposition; report.
Section 465.612 - Obligations of authority not obligations of local government; exception.
Section 465.615 - Exemption from taxation.
Section 465.618 - Remedial action costs; recovery.
Section 465.621 - Dissolution.
Section 465.900 - Civil penalties for violation of removal or remedial actions.