1. 1. The Division may lien all real and personal property, tangible and intangible, associated with a facility of a holder of a permit under NRS 519A.180 or 519A.200 for:

   1. (a) The costs incurred by the Division pursuant to NRS 519A.273 to stabilize process fluids that pose an imminent danger to human health, public safety or the environment; and
   2. (b) The amount of any deficiency in a bond or surety required by NRS 519A.190 or 519A.210 and identified in a notice of noncompliance issued pursuant to NRS 519A.270.

2. 2. To perfect a lien held pursuant to subsection 1, the Division shall:

   1. (a) Provide notice of intent to lien to the holder of the permit by certified or registered mail;
   2. (b) Not later than 30 days after providing notice of intent to lien pursuant to paragraph (a), provide notice of the lien to the holder of the permit by certified or registered mail; and

   3. (c) File notice of the lien, which must set forth, without limitation, the amount of the lien:

      1. (1) If on real property, in the office of the county recorder of the county where the real property is located.
      2. (2) If on personal property, in the Office of the Secretary of State. If the notice is filed in the Office of the Secretary of State, the notice must be marked, held and indexed in accordance with the provisions of NRS 104.9519 as if the notice were a financing statement within the meaning of the Uniform Commercial Code.

3. 3. The Division shall file an amended notice of the lien which must set forth, without limitation, the amount of the lien:

   1. (a) Not later than 30 days after the amount of the lien decreases due to payment, reimbursement or any other partial lien satisfaction; and
   2. (b) Not later than 90 days after the first day of any month in which the amount of the lien increases due to the accrual of unrecovered costs or a deficiency in a bond or other surety identified in a notice of noncompliance issued pursuant to NRS 519A.270.

4. 4. The amount of the lien held pursuant to subsection 1 must not exceed:

   1. (a) The costs of the Division for reclamation and any deficiency in a bond or other surety; or
   2. (b) The proceeds from the sale of the real or personal property associated with the facility of the holder of the permit after any previously perfected security interests or judgment liens are satisfied.

5. 5. A security interest or judgment lien that is perfected before notice of the lien is filed pursuant to subsection 2 has priority over a lien perfected pursuant to this section. A perfected lien held pursuant to this section has priority over all other liens and encumbrances that have an interest in the:

   1. (a) Proceeds of a bond or other surety required by NRS 519A.190 or 519A.210; or
   2. (b) Increase in the fair market value of the real or personal property associated with the facility that is attributable to reclamation performed by the Division, which must be measured at the time of the sale or other disposition of the real or personal property.

6. 6. The Division shall release the lien pursuant to subsection 7 if:

   1. (a) The costs of reclamation incurred by the Division are repaid or reimbursed;
   2. (b) The holder of the permit resolves the deficiency in the bond or other surety identified in a notice of noncompliance issued pursuant to NRS 519A.270; or
   3. (c) The lien is satisfied by sale or other means.

7. 7. As soon as practicable but not more than 30 days after a lien is satisfied pursuant to subsection 6, the Division shall file a notice of lien release:

   1. (a) If on real property, in the office of the county recorder of the county where the real property is located.
   2. (b) If on personal property, in the Office of the Secretary of State. If the notice is filed in the Office of the Secretary of State, the notice must be marked, held and indexed in accordance with the provisions of NRS 104.9519 as if the notice were a financing statement within the meaning of the Uniform Commercial Code.
8. 8. The Attorney General may, on behalf of the Division, foreclose on a perfected lien in a suit brought in district court in the same manner as a suit for the foreclosure of any other lien.
9. 9. Nothing in this section shall be construed to limit the right of the Division to bring an action to recover any costs and damages for which a person is liable under the provisions of this chapter.

(Added to NRS by 2025, 1321)