Page:United States Statutes at Large Volume 100 Part 2.djvu/529

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1631

>

"(B) The time that the person referred to in paragraph (1) is provided (by certified or registered mail) written notice of f£c potential liability. Such lien shall continue until the liability for the costs (or a judgment against the person arising out of such liability) is satisfied or becomes unenforceable through operation of the statute of limitations provided in section 113. Post, p. 1647. "(3) NOTICE AND VALIDITY.—The lien imposed by this subsec- State and local tion shall be subject to the rights of any purchaser, holder of a governments. security interest, or judgment lien creditor whose interest is perfected under applicable State law before notice of the lien has been filed in the appropriate office within the State (or county or other governmental subdivision), as designated by State law, in which the real property subject to the lien is Z located. Any such purchaser, holder of a security interest, or judgment lien creditor shall be afforded the same protections against the lien imposed by this subsection as are afforded ,, under State law against a judgment lien which arises out of an, unsecured obligation and which arises as of the time of the "' filing of the notice of the lien imposed by this subsection. If the State has not by law designated one office for the receipt of such notices of liens, the notice shall be filed in the office of the clerk of the United States district court for the district in which the real property is located. For purposes of this subsection, the terms 'purchaser' and 'security interest' shall have the definitions provided under section 6323(h) of the Internal Revenue \ Code of 1954. 26 USC 6323. "(4) ACTION IN REM.—The costs constituting the lien may be ^ recovered in an action in rem in the United States district court ' for the district in which the removal or remedial action is occurring or has occurred. Nothing in this subsection shall affect the right of the United States to bring an action against any person to recover all costs and damages for which such person is liable under subsection (a) of this section. "(m) MARITIME LIEN.—All costs and damages for which the owner Maritime or operator of a vessel is liable under subsection (a)(1) with respect to affairs. a release or threatened release from such vessel shall constitute a maritime lien in favor of the United States on such vessel. Such costs may be recovered in an action in rem in the district court of the United States for the district in which the vessel may be found. Nothing in this subsection shall affect the right of the United States to bring an action against the owner or operator of such vessel in any court of competent jurisdiction to recover such costs.". SEC. 108. FINANCIAL RESPONSIBILITY.

42 USC 9608.

(a) EVIDENCE OF FINANCIAL RESPONSIBILITY.—Section 108(b)(2) of CERCLA is amended by adding the following at the end thereof: "Financial responsibility may be established by any one, or any combination, of the following: insurance, guarantee, surety bond, letter of credit, or qualification as a self-insurer. In promulgating President of U.S. requirements under this section, the President is authorized to, ^^ . specify policy or other contractual terms, conditions, or defenses which are necessary, or which are unacceptable, in establishing such evidence of financial responsibility in order to effectuate the purposes of this Act.". (b) PHASE-IN PERIOD.—Section 108(b)(3) of CERCLA is amended by striking out "over a period of not less than three and no more than

�