New York Laws
Part 3 - New York Environmental Protection and Spill Compensation Fund; Liability; Third Party Compensation
181-A - Environmental Lien.

(a) owned by a person liable to the fund for such costs under section
one hundred eighty-one of this part at the time a notice of
environmental lien is filed; and
(b) upon which the discharge occurred.
2. An environmental lien shall attach when:
(a) cleanup and removal costs and damage costs are incurred by the
fund;
(b) the person referred to in subdivision one of this section fails to
pay such costs within ninety days after a written demand therefor by the
administrator is mailed by certified or registered mail, return receipt
requested; and
(c) a notice of environmental lien is filed as provided in section one
hundred eighty-one-c of this part; provided, however, that a copy of the
notice of environmental lien is served upon the owner of the real
property subject to the environmental lien within thirty days of such
filing in accordance with the provisions of section eleven of the lien
law.
3. An environmental lien shall continue against the real property
until:
(a) the claim or judgment against the person referred to in
subdivision one of this section for cleanup and removal costs and damage
costs is satisfied or becomes unenforceable;
(b) the lien is released by the administrator pursuant to this
subdivision;
(c) the lien is discharged by payment of moneys into court; or
(d) the lien is otherwise vacated by court order.
Upon the occurrence of any of the foregoing, except where the lien is
vacated by court order, the administrator shall execute the release of
an environmental lien and file the release as provided in section one
hundred eighty-one-c of this part. The administrator may release an
environmental lien where:
(i) a legally enforceable agreement satisfactory to the administrator
has been executed relating to cleanup and removal costs and damage costs
or reimbursing the fund for cleanup and removal costs and damage costs;
or
(ii) the attachment or enforcement of the environmental lien is
determined by the administrator not to be in the public interest.
4. An environmental lien is subject to the rights of any other person,
including an owner, purchaser, holder of a mortgage or security
interest, or judgment lien creditor, whose interest is perfected before
a lien notice has been filed as provided in section one hundred
eighty-one-c of this part.