2011 ORS § 466.835¹
Compliance and correction costs as lien
  • enforcement

(1) All compliance and corrective action costs, penalties and damages for which a person is liable to the state under ORS 466.706 (Definitions for ORS 466.706 to 466.882 and 466.994) to 466.882 (Rules) and 466.994 (Civil penalties for violations of underground storage tank regulations) shall constitute a lien upon any real and personal property owned by the person.

(2) The Department of Environmental Quality shall file a claim of lien on real property to be charged with a lien under subsection (1) of 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 subsection (1) of this section with the Secretary of State. The lien shall attach and become enforceable on the date of the 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 compliance and corrective actions as required.

(3) A 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 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 a person is liable under the provisions of ORS 466.706 (Definitions for ORS 466.706 to 466.882 and 466.994) to 466.882 (Rules) and 466.994 (Civil penalties for violations of underground storage tank regulations). [1987 c.539 §37]