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.]
Structure Revised Code of Washington
Title 78 - Mines, Minerals, and Petroleum
Chapter 78.44 - Surface Mining.
78.44.010 - Legislative finding.
78.44.040 - Administration of chapter—Rule-making authority.
78.44.045 - Surface mining reclamation account.
78.44.055 - Surface mining of coal—Preemption of chapter by federal laws, programs.
78.44.060 - Investigations, research, etc.—Dissemination of information.
78.44.070 - Cooperation with other agencies—Receipt and expenditure of funds.
78.44.081 - Reclamation permits required—Applications.
78.44.083 - Reclamation permit—Refusal to issue.
78.44.085 - Application fee—Annual permit fee—Confidential records—Appeals—Collection of fees.
78.44.087 - Performance security required—Department authority.
78.44.091 - Reclamation plans—Approval process.
78.44.101 - Joint reclamation plans may be required.
78.44.111 - Segmental reclamation—Primary objective.
78.44.121 - Reclamation setbacks—Exemption.
78.44.141 - Reclamation—Minimum standards—Waiver.
78.44.151 - Reclamation plans—Modification, when required—SEPA.
78.44.171 - Reclamation—Transfer of permits.
78.44.181 - Reclamation—Report by permit holder on anniversary date.
78.44.190 - Deficiencies—Order to rectify—Time extension.
78.44.210 - Suspension of a reclamation permit.
78.44.220 - Declaration of abandonment—Reclamation—Subsequent miner.
78.44.230 - Abandonment—Cancellation of the reclamation permit.
78.44.240 - Reclamation by the department—Order to submit performance security—Cost recovery.
78.44.250 - Fines—Civil penalties—Damage recovery.
78.44.260 - Operating without permit—Penalty.
78.44.280 - Underground operation—Surface disturbances subject to chapter.
78.44.300 - Reclamation awards—Recognition of excellence.
78.44.310 - Reclamation consulting—No cost service.
78.44.320 - Definitions applicable to RCW 78.44.330.
78.44.330 - Mineral trespass—Penalty.
78.44.340 - Mineral trespass—Limitation on application.
78.44.350 - Blanket performance security.
78.44.370 - Notice of correction.
78.44.390 - Cancellation of a reclamation permit.