415 ILCS 5/21.3
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title V - Land Pollution and Refuse Disposal

 (from Ch. 111 1/2, par. 1021.3)Sec. 21.3. Environmental reclamation lien.(a) All costs and damages for which a person is liable to  the State of Illinois under Section 22.2, 22.15a, 55.3, or 57.12 shall constitute  an environmental reclamation lien in favor of the State of Illinois upon  all real property and rights to such property which:(1) belong to such person; and(2) are subject to or affected by a removal or     remedial action under Section 22.2 or investigation, preventive action, corrective action, or enforcement action under Section 22.15a, 55.3, or 57.12.(b) An environmental reclamation lien shall continue until the liability  for the costs and damages, or a judgment against the person arising out  of such liability, is satisfied.(c) An environmental reclamation lien shall be effective upon the filing  by the Agency of a Notice of Environmental Reclamation Lien with the  recorder or the registrar of titles of the county in which the real  property lies.  The Agency shall not file an environmental reclamation  lien, and no such lien shall be valid, unless the Agency has sent notice  pursuant to subsection (q) of Section 4, subsection (c) of Section 22.15a,  subsection (d) of Section 55.3, or subsection (c) of Section 57.12 of this  Act  to owners of the real property.  Nothing in this Section shall be construed to  give the Agency's lien a preference over the rights of any bona fide purchaser  or mortgagee or other lienholder (not  including the United States when holding an unfiled lien) arising prior to  the filing of a notice of environmental reclamation lien in the office of  the recorder or registrar of titles of the county in which the  property subject to the lien is located.  For purposes of this Section, the  term "bona fide" shall not include any mortgage of real or personal property  or any other credit transaction that results in the mortgagee or the holder  of the security acting as trustee for unsecured creditors of the liable  person mentioned in the notice of lien who executed such chattel or real  property mortgage or the document evidencing such credit transaction.  Such  lien shall be inferior to the lien of general taxes, special assessments  and special taxes heretofore or hereafter levied by any political  subdivision of this State.(d) The environmental reclamation lien shall not exceed the amount of  expenditures as itemized on the Affidavit of Expenditures attached to and  filed with the Notice of Environmental Reclamation Lien.  The Affidavit of  Expenditures may be amended if additional costs or damages are incurred.(e) Upon filing of the Notice of Environmental Reclamation Lien a copy  with attachments shall be served upon the owners of the real property.  Notice  of such service shall be served on all lienholders of record as of the date of  filing.(f) (Blank).(g) In addition to any other remedy provided by the laws of this State,  the Agency may foreclose in the circuit court an environmental reclamation  lien on real property for any costs or damages imposed under Section 22.2,  22.15a, 55.3, or 57.12 to the same extent and in the same manner as in the  enforcement of other liens.  The process, practice and procedure for such  foreclosure shall be the same as provided in Article XV of the Code of  Civil Procedure.  Nothing in this Section shall affect the right of the State  of Illinois to bring an action against any person to recover all costs and  damages for which such person is liable under Section 22.2, 22.15a, 55.3, or  57.12.(h) Any liability to the State under Section 22.2, 22.15a, 55.3, or  57.12 shall  constitute a debt to the State.  Interest on such debt shall begin to accrue  at a rate of 12% per annum from the date of the filing of the Notice of  Environmental Reclamation Lien under paragraph (c).  Accrued interest shall  be included as a cost incurred by the State of Illinois under Section 22.2,  22.15a, 55.3, or 57.12.(i) "Environmental reclamation lien" means a lien established under this  Section.         (Source: P.A. 94-272, eff. 7-19-05.)