RCW 79.15.140
Valuable materials contract—Impracticable to perform/cancellation—Substitute valuable materials.
(1) In the event that the department determines that regulatory requirements or some other circumstance beyond the control of both the department and the purchaser has made a valuable materials contract wholly or partially impracticable to perform, the department may cancel any portion of the contract which could not be performed. In the event of such a cancellation, the purchaser shall not be liable for the purchase price of any portions of the contract so canceled. Market price fluctuations shall not constitute an impracticable situation for valuable materials contracts.
(2) Alternatively, and notwithstanding any other provision in this title, the department may substitute valuable materials from another site in exchange for any valuable materials which the department determines have become impracticable to remove under the original contract. Any substituted valuable materials must belong to the identical trust involved in the original contract, and the substitute materials shall be determined by the department to have an appraised value that is not greater than the valuable materials remaining under the original contract. The substitute valuable materials and site shall remain subject to all applicable permitting requirements and the state environmental policy act, chapter 43.21C RCW, for the activities proposed at that site. In any such substitution, the value of the materials substituted shall be fixed at the purchase price of the original contract regardless of subsequent market changes. Consent of the purchaser shall be required for any substitution under this section.
[ 2003 c 334 § 364; 2001 c 250 § 18. Formerly RCW 79.01.238.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
Structure Revised Code of Washington
Chapter 79.15 - Sale of Valuable Materials.
79.15.010 - Valuable materials sold separately.
79.15.020 - Duties of department.
79.15.030 - Rules or procedures for removal of valuable materials sold.
79.15.040 - Sale of valuable materials without application or deposit.
79.15.045 - Who may purchase—Fee.
79.15.050 - Type of sale—Direct sales.
79.15.055 - Appraisal—Defined.
79.15.060 - Date of sale limited by time of appraisal—Transfer of authority.
79.15.070 - Time and date of sale.
79.15.080 - Advertising sales of valuable materials.
79.15.090 - Advertisement for informational purposes only.
79.15.100 - Terms and conditions of sale—Exemption for forest biomass.
79.15.120 - Confirmation of sale.
79.15.210 - Findings—Damage to timber.
79.15.220 - Sale of damaged valuable materials.
79.15.300 - Contracts—Forfeiture—Royalties—Monthly reports.
79.15.320 - Road material—Sale to public authorities—Disposition of proceeds.
79.15.400 - License to remove firewood authorized.
79.15.410 - Removal only for personal use.
79.15.420 - Issuance of license—Fee.
79.15.430 - Removal of firewood without charge.
79.15.500 - Contract harvesting—Definitions.
79.15.510 - Contract harvesting—Program established.
79.15.520 - Contract harvesting revolving account.
79.15.530 - Contract harvesting—Special appraisal practices.