Environmental
A Washington property owner discovers petroleum contamination from heating oil that pre-dates their ownership. Under Washington's MTCA (RCW 70A.305), the property owner's potential liability is:
AZero because they did not cause the contamination
BPotentially significant as current owners may be jointly and severally liable✓ Correct
CLimited to the cost of a Phase I ESA only
DOnly civil, never criminal
Explanation
Washington's MTCA follows a strict, joint, and several liability framework similar to CERCLA. Current property owners can be held liable for cleanup costs even if they did not cause the contamination. This is a significant risk factor in commercial property transactions.
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