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Guidance: Federal Superfund Liens

Memorandum provides guidance on the use of federal liens to enhance Superfund cost recovery. Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (SARA), adds a new section 107(l) to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly referred to as Superfund), which provides for the establishment of a federal lien in favor of the United States upon property which is the subject of a removal or remedial action. OSWER Directive No. 9832.12. Issued 9/22/1987.

This guidance was supplemented by the 7/29/93 Superfund liens guidance and re-emphasized in the 5/28/2002 memorandum on use of liens to secure response costs.

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