2022 Revised Code of Washington
Title 78 - Mines, Minerals, and Petroleum
Chapter 78.44 - Surface Mining.
78.44.360 - Performance security insufficient to cover cost of reclamation—Lien established in favor of department.
RCW 78.44.360
Performance security insufficient to cover cost of reclamation—Lien established in favor of department.
(1) To the extent a performance security is insufficient to cover the cost of reclamation performed by the department, a lien shall be established in favor of the department upon all of the permit holder's real and personal property.
(2) The lien attaches upon the filing of a notice of claim of lien with the county clerk of the county in which the property is located. The notice of lien claim must contain a true statement of the demand, the insufficiency of the performance security to compensate the department, and the failure of the permit holder to perform the reclamation required.
(3) The lien becomes effective when filed.
(4) The lien created by this section may be foreclosed by a suit in the superior court in the manner provided by law for the foreclosure of other liens on real or personal property.
[ 2006 c 341 § 5.]
