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§ 6020.509. Lien

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 29C. Hazardous Sites Cleanup Act (Refs & Annos)
Chapter 5. Response and Investigation
35 P.S. § 6020.509
§ 6020.509. Lien
(a) Establishment.--An award of response costs, assessment of damages to natural resources or assessment of civil penalties shall constitute a judgment against the responsible person. The judgment may be collected in any manner provided by law. The department shall send a notice of lien to the prothonotary or equivalent official of the county in which the responsible person has real or personal property, setting forth the amount of the award of costs, of the assessment of damages and of the assessment of penalties. The prothonotary or equivalent official shall promptly enter upon the civil judgment or order docket the name and address of the responsible person and the amount of the lien as set forth in the notice of lien. Upon entry by the prothonotary, the lien shall attach to the revenue and all real and personal property of the responsible person, whether or not the responsible person is insolvent.
(b) Registry.--There shall be established a central registry of all liens filed under this act in the Department of State. The Commonwealth shall file a notice of lien with the Secretary of the Commonwealth in addition to filings with a prothonotary or equivalent official.
(c) Priority.--The notice of lien filed under this section affecting property of a responsible person, including property subject to response action, shall create a lien which shall have priority from the day of the filing of the notice of the lien over all subsequent claims and liens against the property, but it shall not affect any valid lien, right or interest in the property filed in accordance with established procedure prior to the filing of a notice of lien under this subsection.

Credits

1988, Oct. 18, P.L. 756, No. 108, § 509, effective in 60 days.
35 P.S. § 6020.509, PA ST 35 P.S. § 6020.509
Current through 2022 Regular Session Act 20. Some statute sections may be more current, see credits for details.
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