Complaints

• Initial Complaint

  05/23/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Brinks removed an oil tank from in front of my home that was underground. As a result they damaged my water pipe. While removing the tank *********** from within the tank was spilled into the soil. Resulting in me needing remediation. During the remediation additional soil samples were taken and contaminated soil was suppose to be removed. This process has been over a two month time period. The remediation is still not completed and ****** ***** the owner is not returning my calls or emails. I have my house contracted with a real estate firm to be sold. Because of brink we cant show or sell the house. They are very unprofessional and have cost ** to lose out on being able to sell my house and purchase a new home. The entire experience has been unpleasant, unprofessional and I am still getting No response from Brink. The ***** is also still waiting for their paperwork concerning my property. Hired for this job began 2/8/23 oil tank removal. 4/28/23 rehired to do remediation.

  Business response

  06/02/2023

  May 30th, 20**
  
  Re: ID# ********
  *********************************
  ************************************************
  
  Dear *********,
  

  We have received the notification regarding the complaint filed by ********************************* against our company for work which was performed on her behalf at ************************************************. It is my intention to prove that H3**335333**838343837H Tank & H3339363734333**339H H3631313**7343**133H (henceforth referred to as ****) has not, in any way, committed any wrongs which warrant such a complaint. In order to provide the necessary context, I will begin with a summary of events, detailing our dealings with ****************** thus far.
  
  Summary of Events:
  
  **** was originally hired by ****************** to remove an underground *********************** Tank (UHOT) from her property. **** mobilized to the site to perform the removal on March 15th, 20**. The water line was significantly mismarked by an outside firm, causing it to be broken during the removal. **** reported the broken line through *********** and was issued ticket #*********. Despite our contract with ****************** absolving **** of any responsibility for damage incurred by mismarked utilities, a temporary patch repair of the water line was performed at no-charge as a courtesy.
  
  The tank was successfully removed from the ground but was found to have corrosion holes. The technicians also observed evidence of possible contamination at the soil in the tank cavity. The City of East Oranges Fire Inspector issued a Not Approved sticker, citing the corrosion holes present in the tank as the reason for failure. Per ** law, **** contacted the ********** Department of H3339363734333**339H Protection (*****) to report the release and they assigned Case #**-03-**-0936-37 to the site. **** dispatched a Sub-Surface Evaluator (SSE) to the site who obtained a below-tank sample of the soil. The sample was submitted to a certified third-party laboratory for analysis, the results of which showed that oil contamination was present.
  
  Per ***** requirements, homeowners are responsible to resolve any ongoing H33383734313630353**7H cases at their property. For contamination stemming from an underground UHOT, the case is resolved by the issuance of a No Further Action letter (***) by the ****** Based on the available evidence, **** recommended that Soil Remediation be performed, and a Remedial Action Report (***) be submitted to the ***** to obtain the *** letter. ****************** was provided with a contract to perform the Soil Remediation, which she agreed to.
  
  On April 27th, 20**, **** mobilized to the site to perform the Soil Remediation. Under the direction of a Sub-Surface Evaluator (SSE), the technicians removed approx. 21 tons of contaminated soil from the Area of Concern (AOC) and disposed of it at an approved treatment facility. Post-excavation samples were obtained and submitted to a certified third-party laboratory for analysis. All sample results were compliant with ***** requirements, and so no additional Soil Remediation has been recommended.
  
  During the course of the Soil Remediation, the Sub-Surface Evaluator (SSE) observed groundwater in the excavation. Per ***** requirements, a Groundwater Investigation must be performed should groundwater be encountered during Soil Remediation.The results of the Groundwater Investigation must be included in the *** to obtain an *** from the ****** ****************** was notified that a Groundwater Investigation is required, but has not yet contracted anyone to perform the work, to our knowledge.
  
  Presently, ****************** has refused to provide **** with payments that she was contractually obligated to provide for the Soil Remediation & ***.
  
  Response to Allegations:
  
  I will now directly respond to ****************** allegations that I have drawn from the complaint you provided. I have formatted the allegation and response in a "question & answer" style:
  
  Allegation #1: As a result [of the tank removal, ****]damaged my water pipe.
  Response #1: As outlined above, the water line was significantly mismarked by an outside firm.As such, **** cannot reasonably be held responsible for the damage to the water line. Likewise, ****************** signed a contract absolving **** of any responsibility for damage to mismarked utility lines.
  
  Allegation #2: While removing the tank oil & water from within the tank was spilled into the soil. Resulting in me needing remediation
  Response #2: All liquid contents encountered in the tank were pumped out prior to the tanks removal and disposed of at an approved facility. The contamination was the result of corrosion holes in the tank causing oil to leak into the soil, which was attested to by the Sub-Surface Evaluator (SSE) and the inspector from the *******************.
  
  Allegation #3: During the remediation additional soil samples were taken and contaminated soil was supposed to be removed.
  Response #3: On April 27th, 20**, **** mobilized to the site and removed approx. 21 tons of contaminated soil from the Area of Concern. The contaminated soil was taken off-site and disposed of at an approved treatment facility.
  
  Allegation #4: The remediation is still not completed
  Response #4:**** has obtained compliant soil sample results and is not recommending that any additional soil remediation be performed.
  
  Allegation #5: Because of brink we cant show or sell house. Theyhave cost ** to lose out on being able to sell my house and purchase a new home.
  Response #5:****************** has not yet contracted a company to perform the necessary Groundwater Investigation. As such, she cannot obtain an *** letter from the ****** Her inability to obtain an *** is what is holding up the listing/sale of her home.
  
  Allegation #6: The ***** is also still waiting for their paperwork concerning my property.
  Response #6: As ****************** was informed, the Remedial Action Report cannot be submitted until the Groundwater Investigation is completed. Likewise, ****************** has not provided any of the payments due **** per the Soil Remediation & *** contract.**** will not release any documentation until the due balance has been paid in full.
  
  Conclusion:
  
  It is my hope that I have adequately responded to all allegations made by ****************** against ****. I believe that I've demonstrated that **** conducted itself in a professional manner and provided a reasonable level of service. **** completed the work that it was contracted to perform, but ****************** has not provided any of the payments due per the contract. As such, **** does not feel any obligation to render any further service to ******************. Please let ** know if you need any further details or information.

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