§ 181-A — Environmental lien

New York § 181-A

• Jurisdiction: New York
• Law NAV: Navigation
• Part 3: New York Environmental Protection and Spill Compensation Fund; Liability; Third Party Compensation
• Art. 12: Oil Spill Prevention, Control, and Compensation

Text

§ 181-a. Environmental lien. 1. The fund shall have a lien for the\ncosts incurred by the fund for the cleanup and removal of a discharge\nand for the payment of claims for direct and indirect damages as a\nresult of a discharge upon such real property located within the state:\n (a) owned by a person liable to the fund for such costs under section\none hundred eighty-one of this part at the time a notice of\nenvironmental lien is filed; and\n (b) upon which the discharge occurred.\n 2. An environmental lien shall attach when:\n (a) cleanup and removal costs and damage costs are incurred by the\nfund;\n (b) the person referred to in subdivision one of this section fails to\npay such costs within ninety days after a written demand therefor by the\nadministrator is mailed by certified or registered mail, return receipt\nrequested; and\n (c) a notice of environmental lien is filed as provided in section one\nhundred eighty-one-c of this part; provided, however, that a copy of the\nnotice of environmental lien is served upon the owner of the real\nproperty subject to the environmental lien within thirty days of such\nfiling in accordance with the provisions of section eleven of the lien\nlaw.\n 3. An environmental lien shall continue against the real property\nuntil:\n (a) the claim or judgment against the person referred to in\nsubdivision one of this section for cleanup and removal costs and damage\ncosts is satisfied or becomes unenforceable;\n (b) the lien is released by the administrator pursuant to this\nsubdivision;\n (c) the lien is discharged by payment of moneys into court; or\n (d) the lien is otherwise vacated by court order.\n Upon the occurrence of any of the foregoing, except where the lien is\nvacated by court order, the administrator shall execute the release of\nan environmental lien and file the release as provided in section one\nhundred eighty-one-c of this part. The administrator may release an\nenvironmental lien where:\n (i) a legally enforceable agreement satisfactory to the administrator\nhas been executed relating to cleanup and removal costs and damage costs\nor reimbursing the fund for cleanup and removal costs and damage costs;\nor\n (ii) the attachment or enforcement of the environmental lien is\ndetermined by the administrator not to be in the public interest.\n 4. An environmental lien is subject to the rights of any other person,\nincluding an owner, purchaser, holder of a mortgage or security\ninterest, or judgment lien creditor, whose interest is perfected before\na lien notice has been filed as provided in section one hundred\neighty-one-c of this part.\n