49-1056. Lien rights; unrecovered corrective action costs; lien amount

A. If the department or this state incurs unrecovered corrective action costs from a corrective action undertaken on behalf of a volunteer, a property owner, a person other than the underground storage tank owner or an owner or operator that did not have the required financial responsibility mechanism at the time the release is discovered or the claim is filed, the department has a lien on the property, or, by agreement with the responsible party, may obtain a lien on any other property or other financial responsibility mechanism of the responsible party.

B. The lien shall be in the amount of the estimated increase in the market value of the property as determined by a commercial real estate appraiser who shall determine the difference between the current market value of the property and the estimated market value of the property after corrective action is complete. The director shall use an appraiser who is a member of a nationally recognized real estate appraisal association, institute or society.

C. The department shall reduce the amount of the lien as follows:

1. To the amount of the total unrecovered corrective action costs if that amount is less than the difference between the current market value of the property and the estimated market value of the property after corrective action is complete.

2. If a volunteer, a property owner, a person other than the underground storage tank owner or an owner or operator that did not have the required financial responsibility mechanism at the time the release is discovered or the claim is filed makes a determination at any time after corrective action begins that a change in circumstances has substantially reduced the increase in the market value of the property.