2013 ORS § 465.335¹
Costs, penalties and damages as lien
  • enforcement of lien

(1) All of the states remedial action costs, penalties and punitive damages for which a person is liable to the state under ORS 465.255 (Strict liability for remedial action costs for injury or destruction of natural resource), 465.260 (Removal or remedial action) or 465.900 (Civil penalties for violation of removal or remedial actions) shall constitute a lien upon any real and personal property owned by the person.

(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 (Strict liability for remedial action costs for injury or destruction of natural resource), 465.260 (Removal or remedial action) or 465.900 (Civil penalties for violation of removal or remedial actions). [Formerly 466.583]