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How will a property owner know if EPA intends to file a windfall lien on his or her property?

April 26, 2017EPA file intends lien owner Property windfall

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How will a property owner know if EPA intends to file a windfall lien on his or her property?

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If EPA intends to file a notice of a windfall lien on a property, EPA will generally send a letter to the current owner prior to filing the notice. The letter will summarize the factual basis for EPA’s reason to believe that the CERCLA § 107(r) statutory criteria are satisfied and give the owner an opportunity to request a meeting with a neutral EPA official before the intended date of filing. Only in exceptional circumstances will EPA file a windfall lien without sending a letter to the property owner. More information is available in EPA’s Model Notice of Intent to File a Windfall Lien Letter (PDF) (4pp, 89KB, About PDF).