ORS 465.335
Costs, penalties and damages as lien

  • enforcement of lien

(1)

All of the state’s 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]

Source: Section 465.335 — Costs, penalties and damages as lien; enforcement of lien, https://www.­oregonlegislature.­gov/bills_laws/ors/ors465.­html.

465.003
Definitions for ORS 465.003 to 465.034 465.006
Policy 465.009
Rules 465.012
Technical assistance to users and generators 465.015
Toxics use and hazardous waste reduction plan required 465.018
Notification of Department of Environmental Quality upon completion of plan or system 465.021
Review of plan or system 465.027
Contract for assistance with higher education institution 465.032
Form of implementation summary 465.034
Application of ORS 465.003 to 465.034 465.037
Short title 465.101
Definitions for ORS 465.101 to 465.131 465.104
Fees for petroleum product delivery or withdrawals 465.106
Amount of fee to be set by State Fire Marshal 465.111
Department of Revenue to collect fee 465.112
Amounts held in trust 465.114
Extension of time for paying fee 465.117
Records of petroleum products transactions 465.121
Rules 465.124
Application of ORS chapters 305 and 314 to fee collection 465.127
Disposition of fees 465.131
Fee imposed by ORS 465.104 in addition to fees established by local government 465.200
Definitions for ORS 465.200 to 465.545 465.205
Legislative findings 465.210
Authority of department for removal or remedial action 465.215
List of facilities with confirmed release 465.220
Comprehensive statewide identification program 465.225
Inventory of facilities needing environmental controls 465.230
Removal of facilities from inventory 465.235
Public inspection of inventory 465.240
Inventory listing not prerequisite to other remedial action 465.245
Preliminary assessment of potential facility 465.250
Accessibility of information about hazardous substances 465.255
Strict liability for remedial action costs for injury or destruction of natural resource 465.257
Right of contribution from other person liable for remedial action costs 465.260
Removal or remedial action 465.265
“Person” defined for ORS 465.265 to 465.310 465.270
Legislative findings and intent 465.275
Remedial action and financial assistance program 465.280
Rules 465.285
Requirements for financial assistance 465.290
Financial assistance agreement not General Fund obligation 465.295
Decision regarding financial assistance not subject to judicial review 465.300
Records and financial assistance applications exempt from disclosure as public record 465.305
Application fees 465.310
Accounting procedure for financial assistance moneys 465.315
Standards for degree of cleanup required 465.320
Notice of proposed remedial action or release from liability 465.325
Agreement to perform removal or remedial action 465.327
Agreement to release party from potential liability to facilitate cleanup and reuse of property 465.330
State remedial action costs 465.333
Recovery of costs of program development, rulemaking and administrative actions as remedial action costs 465.335
Costs, penalties and damages as lien 465.340
Contractor liability 465.375
Monthly fee of operators 465.376
Special hazardous waste management fees 465.378
Department to work with other states to avoid disruption of waste flows 465.381
Hazardous Substance Remedial Action Fund 465.386
Commission authorized to increase fees 465.391
Effect of certain laws on liability of person 465.400
Rules 465.405
Rules 465.410
Ranking of inventory according to risk 465.420
Remedial Action Advisory Committee 465.425
“Security interest holder” defined for ORS 465.430 to 465.455 465.430
Legislative findings 465.435
Rules relating to exemption from liability for security interest holder 465.440
Rules relating to exemption from liability for fiduciary 465.445
Advisory committee 465.450
Limitation on commission’s discretion to adopt rules 465.455
Construction of ORS 465.425 to 465.455 465.475
Definitions for ORS 465.475 to 465.484 465.478
Legislative findings 465.479
Lost policies 465.480
Insurance for environmental claims 465.481
General liability insurance policies 465.483
General liability insurance policies 465.484
Unfair environmental claims settlement practices 465.485
Short title 465.500
Purpose 465.503
Exemption from administrative or judicial action to compel removal or remedial action 465.505
Waste minimization requirements for dry cleaning facilities 465.507
Dry cleaning advisory group 465.510
Dry Cleaner Environmental Response Account 465.517
Annual fee and gross revenue fee for dry cleaning facilities 465.520
Fee on sale or transfer of dry cleaning solvent 465.523
Fee on use of dry cleaning solvent 465.525
Calculation of fee for partial gallons 465.527
Reporting of fees 465.531
Department of Environmental Quality may contract for collection of fees 465.536
Late charges 465.545
Suspension of dry cleaning fees 465.550
Definitions for ORS 465.550 and 465.555 465.555
County assessment of effects of major recovery or remedial action at storage or disposal site for chemical agents 465.600
Definitions for ORS 465.600 to 465.621 465.603
Procedure to create public authority 465.606
Board of directors 465.609
General powers 465.612
Obligations of authority not obligations of local government 465.615
Exemption from taxation 465.618
Remedial action costs 465.621
Dissolution 465.900
Civil penalties for violation of removal or remedial actions 465.992
Civil penalty for failure to pay fees
Green check means up to date. Up to date

Current through early 2024

§ 465.335’s source at oregon​.gov