147-B:10-b Lien. –
I. The department shall have a lien upon the business revenues and all real and personal property of any person subject to liability under RSA 147-B:10, I for all costs recoverable by the state pursuant to RSA 147-B:10, II.
II. In order for the lien created under this section to be valid and effective against the real property of a person liable under RSA 147-B:10, I, the department shall record the notice of lien in the registry of deeds for each county in which such person owns or holds an interest in real property. Upon its recording in a registry of deeds, the notice of lien shall be effective against all real property of the person located within such county. In order for the lien created by this section to be perfected and valid against the business revenues and personal property, tangible and intangible, of the person subject to liability under RSA 147-B:10, I, the department shall record the notice of lien with the office of the secretary of state in which financing statements are filed pursuant to RSA 382-A:9-501(a)(2). The department shall file separate notices of lien forms for each person subject to liability under RSA 147-B:10, I. There shall be no charge for filing a notice of lien. The fee for discharging a notice of lien shall be borne by the person identified in the notice of lien.
III. The priority of the lien created by this section shall be as follows:
(a) As to the real property on which the hazardous waste or hazardous material is located, the lien shall constitute a first priority lien against such real property prior to all encumbrances, whether of record or inchoate, when the notice of lien is recorded in the registry of deeds for the county in which such real property is located and the notice of lien identifies the record owner of such real property. This subparagraph shall not apply to real property in use as, or being constructed primarily for, residential purposes. Such residential real property shall be governed by subparagraph (c) of this paragraph.
(b) As to the business revenues generated from the facility on which hazardous waste or hazardous material is located and personal property located at the facility on which hazardous waste or hazardous material is located, the lien shall constitute a first priority lien against such business revenues or personal property, prior to all encumbrances, whether of record or inchoate, when the notice of lien is filed with the secretary of state and the notice of lien identifies the owner of such personal property.
(c) As to all other property, whether real, personal or business revenues, other than that which is described in subparagraph (a) or (b) of this paragraph, the notice of lien shall constitute a lien that is effective as of the date and time of recording or filing, without priority on antecedent encumbrances of record when the notice of lien is properly recorded in the appropriate registry of deeds or filed with the secretary of state.
(d) Notwithstanding the lien priorities created under subparagraphs (a)-(c), a holder who, either voluntarily or in conjunction with others (including the state and federal government), undertakes clean-up activities or expends funds on other response or remedial costs, shall have a lien of equal rank and priority with the lien created by paragraph I to the extent of moneys expended for remediation.
IV. The department shall also send a copy of the notice of lien to the person identified in the notice of lien at the address set forth in the notice of lien by certified mail, return receipt requested, postage prepaid.