1. The Division of Environmental Protection of the State Department of Conservation and Natural Resources or the solid waste management authority may lien all real and personal property, tangible and intangible, associated with a municipal solid waste landfill or solid waste management facility of the owner or operator of a municipal solid waste landfill or solid waste management facility for: (a) The costs incurred by the Division of Environmental Protection or solid waste management authority to reduce or eliminate an imminent threat to human health, public safety or the environment relating to the management of waste at a solid waste management facility, including, without limitation, a disposal site; and (b) The amount of any deficiency in a security or other type of financial responsibility required in accordance with the regulations adopted pursuant to NRS 444.566 or the Resource Conservation and Recovery Act and identified in an order issued pursuant to NRS 444.592 . 2. To perfect a lien held pursuant to subsection 1, the Division of Environmental Protection or solid waste management authority shall: (a) Provide notice of intent to lien to the owner or operator of the municipal solid waste landfill or solid waste management facility by certified or registered mail; (b) Not later than 30 days after providing notice of intent to lien pursuant to paragraph (a), provide notice of the lien to the owner or operator of the municipal solid waste landfill or solid waste management facility by certified or registered mail; and (c) File notice of the lien, which must set forth, without limitation, the amount of the lien: (1) If on real property, in the office of the county recorder of the county where the real property is located. (2) If on personal property, in the Office of the Secretary of State. If the notice is filed in the Office of the Secretary of State, the notice must be marked, held and indexed in accordance with the provisions of NRS 104.9519 as if the notice were a financing statement within the meaning of the Uniform Commercial Code. 3. The Division of Environmental Protection or solid waste management authority shall file an amended notice of the lien which must set forth, without limitation, the amount of the lien: (a) Not later than 30 days after the amount of the lien decreases due to payment, reimbursement or any other partial lien satisfaction; and (b) Not later than 90 days after the first day of any month in which the amount of the lien increases due to the accrual of unrecovered costs or a deficiency in a security or other type of financial responsibility identified in an order issued pursuant to NRS 444.592 . 4. The amount of the lien held pursuant to subsection 1 must not exceed: (a) The costs of the Division of Environmental Protection or solid waste management authority for performing remediation and any deficiency in a security or other type of financial responsibility; or (b) The proceeds from the sale of the real or personal property associated with the municipal solid waste landfill or solid waste management facility after any previously perfected security interests or judgment liens are satisfied. 5. A security interest or judgment lien that is perfected before notice of the lien is filed pursuant to subsection 2 has priority over a lien perfected pursuant to this section. A perfected lien held pursuant to this section has priority over all other liens and encumbrances that have an interest in the: (a) Proceeds of a security or other type of financial responsibility required in accordance with the requirements prescribed pursuant to NRS 444.566 or the Resource Conservation and Recovery Act; or (b) Increase in the fair market value of the real or personal property associated with the municipal solid waste landfill or solid waste management facility that is attributable to remediation performed by the Division of Environmental Protection or solid waste management authority, which must be measured at the time of the sale or other disposition of the real or personal property. 6. The Division of Environmental Protection or solid waste management authority shall release the lien pursuant to subsection 7 if: (a) The costs of remediation of the Division of Environmental Protection or solid waste management authority are repaid or reimbursed; (b) The owner or operator of the municipal solid waste landfill or solid waste management authority resolves the deficiency in the security or other type of financial responsibility identified in an order issued pursuant to NRS 444.592 ; or (c) The lien is satisfied by sale or other means. 7. As soon as practicable but not more than 30 days after a lien is satisfied pursuant to subsection 6, the Division of Environmental Protection or solid waste management authority shall file a notice of lien release: (a) If on real property, in the office of the county recorder of the county where the real property is located. (b) If on personal property, in the Office of the Secretary of State. If the notice is filed in the Office of the Secretary of State, the notice must be marked, held and indexed in accordance with the provisions of NRS 104.9519 as if the notice were a financing statement within the meaning of the Uniform Commercial Code. 8. The Attorney General or district attorney may, on behalf of the Division of Environmental Protection or solid waste management authority, foreclose on a perfected lien in a suit brought in district court in the same manner as a suit for the foreclosure of any other lien. 9. Nothing in this section shall be construed to limit the right of the Division of Environmental Protection or solid waste management authority to recover any costs and damages incurred by the Division of Environmental Protection or solid waste management authority for which the person, owner or operator is liable under NRS 444.598 .
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