Envirostar has been in the tank removal business for 20 years and we have removed thousands of buried oil tanks. Throughout our 20 years, we have accumulated a vast amount of experience that always equates to what is fair and balanced, as our motto is "the name you trust for environmental needs." That being said, Envirostar mobilized on June 8th to begin work at the [Member Name Removed] residence. One Project Forman, one Equipment Operator and one Field Tech were assigned to perform a Tank Removal for at [Member Information Removed] Rd. Larchmont, NY10538. As required by law, we called in a utility mark out to Dig Safely NY and the mark outs were performed in the area of our proposed excavation. Following Dig Safely requirements, we hand dug within two feet of the markings as precaution prior to using our mechanized excavator. In this particular project, the gas line was marked in yellow and was determined not to be within the project area. The water line however, was marked in blue and was determined to lie somewhat within the project area of the proposed tank removal. The blue mark out went in a curved direction from the street and back in the direction of the buried oil tank. It appeared to stop at a planter bed that was approximately 6' to 8' feet from the house. At this location it was at best determined by the site conditions that the waterline was running buried along the right side of the tank, as it was not found by the hand excavation performed. Therefore, based on our thorough exploration, it was assumed that the unmarked speculation of the waterline was located at the depth of 42" inches, which is the building code pending waterline tap location. Gaining all of that information, we proceeded to use a mechanized excavator to remove the tank. Unfortunately, within a short period of time, the unmarked waterline was hooked by a tooth on the excavator bucket and ruptured. The waterline line was determined to be at a depth of approximate 33"inches deep at the marked rear of the tank; however, it rose to a depth of approximately [Member Information Removed]" inches below grade, looped over the top of the tank at the unmarked location and ran under the vent pipe, back down to a depth of approximately 36" and went into the basement. The waterline was in an unmarked area and whoever originally installed it, did so not according to code. With that being said, Envirostar claims no responsibility for a utility that was not only unmarked, but was also wrongfully installed to begin with. Please note: All utility mark outs are "approximate" locations of said utilities. The Mark Outs Are Not 100% . Envirostar has a vast amount of experience in excavating and throughout the years, we have often found a magnitude of inaccurate and misguided mark outs. Consequently, we approach every job that we do with the utmost care and precaution. Envirostar makes every effort to avoid any and all damage and follows strict protocols and procedures on every job site. In short, how can anyone (utility companies, towns or contractors) guarantee or claim responsibility for the exact locations and depths of underground utilities? No one can; for that would require a costly 3D dimensional xray that would detail, type, size, depth and exact location. As we do on every job, we follow the state's guidelines for mark outs and proceed with caution once work has commenced. In thoroughly examining Mr [Member Name Removed]'s complaint I also note, and dispute the following: 1. Upon our arriving and in commencing our work. Mr. [Member Name Removed] tried to dictate and insist where the waterline was projected to be. Apparently, as told to me by my job Foreman, he also tried to dictate to the water department where the water line was located as well as making a variety of derogatory comments to the work crew regarding that we were from "up state" / county and couldn't possibly know what we ( Envirostar ) were doing. Later, he further patronized our workers with the offer of ice cream, cigars and water. 2. Although we make no claim to the unmarked /not to code water line, we made every effort in response to help minimize damage and to facilitate the repair of the water line as seen in the points below: a. We stopped the water from leaking by crimping the waterline immediately b. We contacted Town of Larchmont to shut off the waterline. c. We called a plumber to help facilitate the repair. d. We notified the homeowner, Mr. [Member Name Removed], immediately and stated that we were not responsible for the unmarked broken waterline. e. We dug the trench, free of charge, with our excavator for the plumber to run a new water line. The Plumber was apparently directed by the Building Inspector to get a permit because the waterline that was damaged and installed by others was not to a consistent depth according to code. f. We acted professional and responsible throughout the process of removing the tank together even with expediting the repair to the broken waterline. 3. Envirostar's Chief Estimator and Operations Manager visited the site on multiple occasions. 4. Envirostar has not accused the Town of Larchmont water Department of neglecting there duties in any way. 5. Envirostar worked in good faith even negotiated with the plumber to reduce Mr. [Member Name Removed]'s invoice from $6000+ down to $4750. 6. Envirostar did not mark up any of the Plumbers invoice as would be customary for a subcontracted job. 7. Envirostar did not charge for digging the trench, for any overtime or extra overhead costs that was associated with the emergency repairs. 8. Envirostar also experienced unnecessary stress, disruption and inconvenience from the damaged water line. I caution Mr [Member Name Removed] with his accusations of Envirostar blackmailing him as well as his term of "extortion". Both are extremely offensive and slanderous. Those outrageous accusations paired with his discriminatory and insulting comments on the job site to our work crew require a retraction of this unfounded complaint as well as an apology to Envirostar. Without one, we will be pursuing legal action. We find Mr [Member Name Removed]'s demands for reparations in the forms of donations to be further defamatory, and his tactics are manipulating, intimidating, leveraging and transparent. We at Envirostar are prepared to continue to respond thoroughly and professionally. Therefore, should you like to discuss in any greater detail the magnitude and FACTS of this incident, please do not hesitate to contact me directly as I have a very comprehensive and extensive report on record. Again, with the history of removing thousands of tanks over a multitude of years, we at Envirostar always try our best to act in good faith and effectiveness, thus "the name you can trust for environmental needs. I can be reached via email at jselckmann at gmail.com. Sincerely, Jim Selckmann 50 Fields Lane Brewster NY. 10509