State Codes and Statutes
Statutes > Rhode-island > Title-23 > Chapter-23-19-14 > 23-19-14-14SECTION 23-19.14-14
§ 23-19.14-14 Windfall liens. – (a) At any site where there are unrecovered response cost and/or additionalremedial actions required, the state may place a lien upon the site for theunrecovered costs or outstanding actions. The maximum amount of the windfalllien may not exceed the total of the unrecovered response costs incurred by thestate plus interest calculated at the prime rate based on three (3) charteredfinancial institutions in Rhode Island at the time of the completion ofconstruction of a remedial action. The liens:
(1) Shall not exceed the increase in fair market value forthe site attributable to the response action or redevelopment activities, atthe time of subsequent sale or other disposition of the site; and
(2) Shall continue until the satisfaction of the lien byrecovery of all response costs incurred at the site and completion ofconstruction of all outstanding remedial actions.
(b) The lien shall continue until the liability for the costs(or a judgment against the person arising out of the liability) is satisfied,or becomes unenforceable through operation of the statute of limitations.
(c) The state may, at its discretion, in lieu of the lienprovided by this section, negotiate a stipulated judgment or other judiciallyenforceable consent decree and judgment for costs and damages for which anyresponsible party is liable to the state under this chapter.
