What Is an Environmental Lien?
When a Florida property is contaminated with hazardous substances (fuel leaks, chemical spills, industrial waste), the government or responsible party must clean it up. An environmental lien is a legal claim placed on the contaminated property to secure repayment of the cleanup costs.
Unlike a typical lien, an environmental lien can be devastating because it attaches to the property, not just the person who caused the contamination. If you buy a contaminated property without discovering the lien, you may inherit both the cleanup obligation and the lien.
Federal Environmental Liens
Under CERCLA (the Superfund law, 42 U.S.C. §9607), the EPA can place a lien on any property where it has incurred cleanup costs. The federal lien is subordinate to existing recorded liens but takes priority over all subsequent liens and conveyances.
Florida Environmental Liens
Under Florida Statute 376.308, the Florida Department of Environmental Protection (DEP) can record a lien on contaminated property for cleanup costs incurred under the state's Pollutant Discharge Prevention and Removal Act. The lien is recorded in the county's Official Records, just like a mortgage or judgment lien.
Buyer Protection
Environmental liens are discoverable through:
- A comprehensive title search that includes government lien records.
- A Phase I Environmental Site Assessment that searches EPA and DEP databases.
- A specific inquiry to the Florida DEP regarding the property's contamination status.
Related Terms
- Environmental Site Assessment — The investigation that discovers potential contamination
- Lien — The broader category of property charges
- Title Search — The record search that should reveal environmental liens
Barnes Walker Environmental Law
Barnes Walker's environmental attorneys identify, challenge, and resolve environmental liens on Florida properties, protecting our buyer clients from inheriting contamination liability and negotiating lien releases with the EPA and Florida DEP on behalf of property owners. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 376; Fla. Stat. Ch. 403
Florida environmental statutes govern liability for contaminated properties, brownfield site rehabilitation, and environmental assessment requirements for real property transactions.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC