Environmental

An underground storage tank (UST) discovered on a North Dakota property during due diligence should prompt the buyer to:

AAccept the property without concern since USTs are common
BCommission a Phase II Environmental Site Assessment to test soil and groundwater for leaks✓ Correct
CRequire the seller to have it immediately removed
DContact the NDREC to report the finding

Explanation

An underground storage tank is a recognized environmental condition (REC) that may have leaked. A Phase II ESA (including soil and groundwater sampling) is warranted to determine if contamination is present.

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