34A-12-13 Corrective action costs as lien--Filing of notice of lien--Contents--Attachment--Priority....
Corrective action costs as lien--Filing of notice of lien--Contents--Attachment--Priority.
All corrective action costs expended pursuant to §§ 23A-27-25, 34A-1-39, 34A-2-75, 34A-6-1.4, 34A-6-1.31, 34A-11-9, 34A-11-10, 34A-11-12, 34A-11-14, 34A-12-1 to 34A-12-15,
inclusive, 38-20A-9, 45-6B-70, 45-6C-45, 45-6D-60, and 45-9-68 shall constitute a lien on all
property owned by the responsible person when a notice of lien is filed with the register of deeds in
the county in which such property is located. The notice of lien shall contain a description of the
property of the responsible person upon which the lien is made, a description of the property upon
which corrective action or emergency remedial efforts were made, and a statement of the corrective
action costs expended from the response fund. Upon entry, the lien shall attach to all real property
of the responsible person. The lien has priority over all other claims or liens on the property, except
those which had been perfected prior to the department's filing of the notice of lien.
Source: SL 1988, ch 291, § 14; SL 1992, ch 158, § 55A.