§ 6029.111.1. Remediation liens
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: April 17, 2006
Effective: April 17, 2006
35 P.S. § 6029.111.1
§ 6029.111.1. Remediation liens
(a) Effect of remediation activity.--The amount of a grant issued under section 1111 for remediation that is attributable to or expended on a specific site where the grant recipient conducts remediation activity and the benefits accruing to the land on which the site is located shall be chargeable against the land and shall mitigate or offset any claim in or any action brought by any owner of any interest in the land for any damages by virtue of the remediation activity. This subsection shall not be construed to establish a new right of action or eliminate any existing immunity.
(b.1) Escrow.--After the completion of remediation activity by a grant recipient on a site, the department shall itemize the amount of grant moneys expended on remediation of the site and inform any person or municipality that has contributed in any manner to the creation of the waste tire pile or that owns the site of the amount of grant moneys that have been expended. The person or municipality charged with the amount shall then have 30 days to pay the amount in full or, if the person or municipality wishes to contest the amount, its contribution to the waste tire pile or its ownership of the site, either to forward the amount to the department for placement in an escrow account with the State Treasurer or with a bank in this Commonwealth or to post an appeal bond in the amount. The bond must be executed by a surety licensed to do business in this Commonwealth or contain collateral and must be satisfactory to the department. If, through administrative or judicial review of the amount, it is determined that the person or municipality did not contribute to the creation of the waste tire pile or did not own the site or that the amount shall be reduced, the department shall, within 30 days, remit the appropriate amount to the person or municipality. Failure to forward the money or the appeal bond to the department within 30 days shall result in a waiver of all legal rights to contest the contribution of the person or municipality to the creation of the waste tire pile, the ownership of the site or the amount charged against the person or municipality.
(c.1) Lien.--If the person or municipality liable to pay the amount of grant moneys expended on remediation of a site neglects or refuses to pay the same after demand, the amount, together with interest, shall be a judgment in favor of the Commonwealth upon the property of such person or municipality, but only after the same has been entered and docketed of record by the prothonotary where such property is situated. The Commonwealth may, at any time, transmit to the prothonotaries of the respective counties certified copies of all such judgments, and it shall be the duty of each prothonotary to enter and docket the same of record in the prothonotary's office, and to index the same as judgments are indexed, without requiring the payment of costs as a condition precedent to the entry thereof. Any lien on real estate shall have priority second only to the lien of real estate taxes imposed on the land.
(d.1) Limitation on action.--Notwithstanding any other provision of law to the contrary, actions for the recovery of grant moneys expended under this section may be commenced at any time within a period of 20 years from the date it is discovered that the person or municipality contributed, in any manner, to the creation of the waste tire pile.
1996, Dec. 19, P.L. 1478, No. 190, § 111.1, added 2002, July 10, P.L. 781, No. 111, § 9, effective in 60 days. Amended 2006, Feb. 14, P.L. 23, No. 7, § 3, effective in 60 days [April 17, 2006].
53 P.S. § 6029.111.
35 P.S. § 6029.111.1, PA ST 35 P.S. § 6029.111.1
Current through 2023 Regular Session Act 32. Some statute sections may be more current, see credits for details.
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