ORS 466.835
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]

Source: Section 466.835 — Compliance and correction costs as lien; enforcement, https://www.­oregonlegislature.­gov/bills_laws/ors/ors466.­html.

466.005
Definitions for ORS 453.635 and 466.005 to 466.385 466.010
Purpose 466.015
Powers and duties of department 466.020
Rules and orders 466.025
Duties of commission 466.030
Designation of classes of facilities subject to certain provisions 466.035
Commission authority to impose standards for hazardous waste or PCB at Oregon facility 466.040
Application period for PCB or hazardous waste permit 466.045
Application form 466.050
Citizen advisory committees 466.055
Criteria for new facility 466.060
Criteria to be met by owner and operator before issuance of permit 466.065
Applicant for renewal to comply with ORS 466.055 and 466.060 466.067
Modification of PCB or hazardous waste permit to allow recycling operation 466.068
Technical assistance and information program for generators of hazardous waste 466.069
Hazardous Waste Technical Assistance Fund 466.070
Standards for rules 466.075
Rules for generators of hazardous waste 466.077
Fee for generators of hazardous waste to obtain identification number 466.080
Rules for transportation of hazardous waste 466.086
Gaining federal authorization 466.090
Inspection and copying of records authorized 466.095
Hazardous waste to be stored or treated at permitted site 466.100
Disposal of waste restricted 466.105
Duties of permittee 466.107
Action under ORS 466.105 against guarantor 466.110
Application 466.115
Required application information 466.120
Required application information to operate site 466.125
Notice of hearings on applications 466.130
Public hearing in areas of proposed site required 466.135
Recommendations by state agencies on applications 466.140
Review of applications 466.145
Review of treatment applications 466.150
Permit requirements 466.153
Exemption from state or local laws for sale or deeding of land 466.155
Acquisition by condemnation 466.160
Site permit fees 466.165
Annual fees 466.168
Annual fee for used oil processor 466.170
Revocation of permit 466.175
Disposition of site or facility after revocation 466.180
Department authority to limit storage, disposal or treatment 466.185
Investigation upon complaint 466.190
Investigation upon motion of department 466.195
Monitoring and surveillance program 466.200
Procedure for emergencies 466.205
Liability for improper disposal of waste 466.208
Requirement to reimburse department for costs associated with implementing corrective action 466.210
Actions or proceedings to enforce compliance 466.215
Post-closure permit for disposal site 466.225
Monitoring site 466.250
Definition of “PCB disposal facility.” 466.255
Disposal of PCB restricted 466.260
Duties of department 466.265
Rules for regulation of PCB disposal 466.270
Criteria for rules 466.275
Permit application for PCB disposal facility 466.280
Copies of application to be sent to affected state agencies 466.285
Notice of hearings on application 466.290
Public hearing in area of proposed facility required 466.295
Examination of applications 466.300
Restrictions on commission authority to issue permit 466.305
Investigation of complaints 466.310
Monitoring, inspection and surveillance program 466.315
Procedure for emergency 466.320
Conditions for holding permit 466.325
Annual fee 466.330
Acquisition by state of real property for disposal of PCB 466.335
Consequences of revocation 466.340
Restrictions on treatment or disposal of PCB at facility 466.345
PCB facility permit fee 466.350
Post-closure permit 466.355
Interstate cooperation regarding toxics use and hazardous waste reduction programs 466.357
Requirements for certain generators of hazardous waste 466.360
Policy 466.365
Commission authority to establish sites for which notice is required 466.370
Notice to owner 466.375
Filing of notice 466.380
Interagency agreement for notices for radioactive waste disposal sites 466.385
Amendment of comprehensive plan and land use regulations 466.505
Definitions for ORS 466.505 to 466.530 466.510
Sale of items containing concentrations of PCB prohibited 466.515
Electric transformers or capacitors exempted 466.520
Exemption certificates 466.525
Additional PCB compounds may be prohibited by rule 466.530
Prohibited disposal of waste containing PCB 466.605
Definitions for ORS 466.605 to 466.680 466.610
Department authority relating to cleanup of oil or hazardous material 466.615
Limit on commission and department authority over radioactive substances 466.620
Emergency response plan 466.625
Rulemaking 466.630
Commission designation of substance as hazardous material 466.635
Report of spill or release of reportable quantity of hazardous material 466.640
Strict liability for spill or release 466.645
Cleanup 466.670
Oil and Hazardous Material Emergency Response and Remedial Action Fund 466.675
Use of moneys in Oil and Hazardous Material Emergency Response and Remedial Action Fund 466.680
Responsibility for expenses of cleanup 466.706
Definitions for ORS 466.706 to 466.882 and 466.994 466.710
Application of ORS 466.706 to 466.882 and 466.994 466.715
Legislative findings 466.720
Statewide underground storage tank program 466.725
Limitation on local government regulation 466.727
Prohibition on local government tax, fee or surcharge 466.730
Delegation of program administration to state agency or local government by agreement 466.735
Cooperation with Department of Consumer and Business Services and State Fire Marshal 466.740
Noncomplying installation prohibited 466.743
Training on operation, maintenance and testing 466.746
Commission rules 466.750
License procedure for persons servicing underground tanks 466.760
When permit required 466.765
Duty of owner or permittee of underground storage tank 466.770
Corrective action required on contaminated site 466.775
Grounds for refusal, modification, suspension or revocation of permit 466.780
Variance upon petition 466.783
Installation fee 466.785
Annual storage tank fee 466.787
Annual service provider fee 466.791
Underground Storage Tank Compliance and Corrective Action Fund 466.795
Underground Storage Tank Insurance Fund 466.800
Records as public records 466.805
Site inspection 466.810
Investigation on noncompliance 466.815
Financial responsibility of owner or permittee 466.820
Reimbursement to department 466.825
Strict liability of owner or permittee 466.830
Halting tank operation upon clear and immediate danger 466.835
Compliance and correction costs as lien 466.837
Noncompliance penalties for specific underground storage tank violations 466.840
Legislative findings 466.845
Commission authority to accept and expend moneys received for financial assistance programs 466.858
Heating oil tank regulatory program 466.862
License required to provide heating oil tank services 466.868
Licensing requirements 466.872
Certification of voluntary decommissioning or approval of corrective action 466.878
Required actions when use of underground heating oil tank is terminated 466.882
Rules 466.901
Definitions for ORS 466.901 to 466.915 466.903
Financial assistance program for fuel tanks holding aircraft or marine fuel 466.905
Eligibility for financial assistance 466.907
Rules 466.910
Sources of funds 466.913
Fuel Tank Compliance and Corrective Action Fund 466.915
Memorandum of understanding with State Marine Board or Department of Transportation 466.917
Priority of financial assistance granted by Director of Transportation 466.920
Priority for distribution of funds by State Marine Board 466.990
Civil penalties generally 466.992
Civil penalties for damage to wildlife resulting from contamination of food or water supply 466.994
Civil penalties for violations of underground storage tank regulations 466.995
Criminal penalties
Green check means up to date. Up to date

Current through early 2024

§ 466.835’s source at oregon​.gov