OECA tracks CERCLA Superfund liens in ICIS. The enforcement action type is CERLA 107L Filing of lien.
In January 2002, CERCLA was amended through enactment of Public Law 107-118, titled the Small Business Relief and Brownfield Revitalization Act (“Brownfields Amendments”). Section 107(r) provides that bona fide prospective purchasers are not liable as owner/operators for CERCLA response costs, but the property they purchase may be subject to a windfall lien where an EPA response action has increased the fair market value of the property. This lien arises “at the time at which costs are first incurred by the United States with respect to a response action at the facility.” CERCLA § 107(r)(4)(B). To “perfect” the lien, EPA must file a notice of the lien in accordance with CERCLAs statutory requirements. Windfall liens are filed by the Agency.
Currently, ICIS does not have an enforcement action type for CERCLA 107(r) Windfall lien. All CERCLA liens should be entered in ICIS using the enforcement action type 107L until further notice.