NRS 459.573 Lien on property for certain costs and deficiencies; perfection; notice; maximum amount; release; foreclosure; suit by Attorney General.

800 words·~4 min read·/nv/chapter-459-hazardous-materials/459-573

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. The Department may lien all real and personal property, tangible and intangible, associated with a facility for the management of hazardous waste of the owner, operator or holder of a permit for:

(a)The costs incurred by the Department to remediate an imminent and substantial hazard to human health, public safety or the environment pursuant to subsection 1 of NRS 459.537 ; and

(b)The amount of any deficiency in a security or other type of financial responsibility required pursuant to NRS 459.525 and identified in an order issued pursuant to NRS 459.570 .

2. To perfect a lien held pursuant to subsection 1, the Department shall:

(a)Provide notice of intent to lien to the owner, operator or holder of the permit by certified or registered mail;

(b)Not later than 30 days after providing notice of intent to lien pursuant to paragraph (a), provide notice of the lien to the owner, operator or holder of the permit by certified or registered mail; and

(c)File notice of the lien, which must set forth, without limitation, the amount of the lien:

(1)If on real property, in the office of the county recorder of the county where the real property is located.

(2)If on personal property, in the Office of the Secretary of State. If the notice is filed in the Office of the Secretary of State, the notice must be marked, held and indexed in accordance with the provisions of NRS 104.9519 as if the notice were a financing statement within the meaning of the Uniform Commercial Code.

3. The Department shall file an amended notice of the lien which must set forth, without limitation, the amount of the lien:

(a)Not later than 30 days after the amount of the lien decreases due to payment, reimbursement or any other partial lien satisfaction; and

(b)Not later than 90 days after the first day of any month in which the amount of the lien increases due to the accrual of unrecovered costs or a deficiency in a security or other type of financial responsibility identified in an order issued pursuant to NRS 459.570 .

4. The amount of the lien held pursuant to subsection 1 must not exceed:

(a)The costs of the Department for performing remediation and any deficiency in a security or other type of financial responsibility; or

(b)The proceeds from the sale of the real or personal property associated with the facility after any previously perfected security interests or judgment liens are satisfied.

5. A security interest or judgment lien that is perfected before notice of the lien is filed pursuant to subsection 2 has priority over a lien perfected pursuant to this section. A perfected lien held pursuant to this section has priority over all other liens and encumbrances that have an interest in the:

(a)Proceeds of a security or other type of financial responsibility required pursuant to NRS 459.525 ; or

(b)Increase in the fair market value of the real or personal property associated with the facility that is attributable to remediation performed by the Department, which must be measured at the time of the sale or other disposition of the real or personal property.

6. The Department shall release the lien pursuant to subsection 7 if:

(a)The costs of remediation of the Department are repaid or reimbursed;

(b)The owner, operator or holder of the permit resolves the deficiency in the security or other type of financial responsibility identified in an order issued pursuant to NRS 459.570 ; or

(c)The lien is satisfied by sale or other means.

7. As soon as practicable but not more than 30 days after a lien is satisfied pursuant to subsection 6, the Division shall file a notice of lien release:

(a)If on real property, in the office of the county recorder of the county where the real property is located.

(b)If on personal property, in the Office of the Secretary of State. If the notice is filed in the Office of the Secretary of State, the notice must be marked, held and indexed in accordance with the provisions of NRS 104.9519 as if the notice were a financing statement within the meaning of the Uniform Commercial Code.

8. The Attorney General, on behalf of the Department, may foreclose on a perfected lien in a suit brought in district court in the same manner as a suit for the foreclosure of any other lien.

9. Nothing in this section shall be construed to limit the right of the Department to recover any costs and damages for which a person is liable under the provisions of this chapter.