Section 181-A. Environmental lien

1.  The  fund shall have a lien for the
  costs incurred by the fund for the cleanup and removal  of  a  discharge
  and  for  the  payment  of  claims  for direct and indirect damages as a
  result of a discharge upon such real property located within the state:
    (a) owned by a person liable to the fund for such costs under  section
  one   hundred   eighty-one  of  this  part  at  the  time  a  notice  of
  environmental lien is filed; and
    (b) upon which the discharge occurred.
    2. An environmental lien shall attach when:
    (a) cleanup and removal costs and damage costs  are  incurred  by  the
  fund;
    (b) the person referred to in subdivision one of this section fails to
  pay such costs within ninety days after a written demand therefor by the
  administrator  is mailed by certified or registered mail, return receipt
  requested; and
    (c) a notice of environmental lien is filed as provided in section one
  hundred eighty-one-c of this part; provided, however, that a copy of the
  notice of environmental lien is  served  upon  the  owner  of  the  real
  property  subject  to  the environmental lien within thirty days of such
  filing in accordance with the provisions of section eleven of  the  lien
  law.
    3.  An  environmental  lien  shall  continue against the real property
  until:
    (a)  the  claim  or  judgment  against  the  person  referred  to   in
  subdivision one of this section for cleanup and removal costs and damage
  costs is satisfied or becomes unenforceable;
    (b)  the  lien  is  released  by  the  administrator  pursuant to this
  subdivision;
    (c) the lien is discharged by payment of moneys into court; or
    (d) the lien is otherwise vacated by court order.
    Upon the occurrence of any of the foregoing, except where the lien  is
  vacated  by  court order, the administrator shall execute the release of
  an environmental lien and file the release as provided  in  section  one
  hundred  eighty-one-c  of  this  part.  The administrator may release an
  environmental lien where:
    (i) a legally enforceable agreement satisfactory to the  administrator
  has been executed relating to cleanup and removal costs and damage costs
  or  reimbursing the fund for cleanup and removal costs and damage costs;
  or
    (ii) the attachment  or  enforcement  of  the  environmental  lien  is
  determined by the administrator not to be in the public interest.
    4. An environmental lien is subject to the rights of any other person,
  including  an  owner,  purchaser,  holder  of  a  mortgage  or  security
  interest, or judgment lien creditor, whose interest is perfected  before
  a  lien  notice  has  been  filed  as  provided  in  section one hundred
  eighty-one-c of this part.