Mass. Contractor Pays $11M to Settle Illegal Dumping Charges in Rhode Island

Barletta Heavy Division has agreed to pay an unprecedented $11 million to settle a civil case involving unlawful dumping of tons of poisonous fill throughout building of a Windfall, R.I., freeway connector challenge and mendacity about it, Rhode Island’s lawyer basic introduced Might 21.

The case involving the most important design-build freeway challenge in Rhode Island historical past has been lingering within the state’s superior court docket since 2023, however will now be dismissed with the settlement and fee from Barletta acquired by the state, mentioned Rhode Island Legal professional Normal Peter Neronha throughout a press convention.

“Whether or not Barletta learns from this expertise stays to be seen,” Neronha mentioned of the agency’s nefarious actions on the $410-million 6/10 connector building challenge. “However they’ve paid a heavy worth for his or her illegal, irresponsible and misleading habits, and deservedly so.”

Whereas the settlement dismisses all prison and civil prices towards Barletta, the agency did admit to all the conduct alleged within the civil grievance beneath the phrases of settlement, in response to the lawyer basic’s press release saying the settlement, “Particularly, the state alleged that the defendants approved the disposal of greater than 4,500 tons of contaminated stone and soil on the Route 6/10 Interchange building challenge.” 

Barletta mentioned in a press release that it’s “happy to place this matter behind us and appears ahead to persevering with our lengthy historical past of efficiently and responsibly delivering world-class public infrastructure tasks.”

Dennis Ferreira, a former Barletta superintendent main the 6/10 connector challenge, was suspended by the U.S. Dept of Transportation in 2023 from taking part in all federally funded applications and tasks for his unlawful dumping of contaminated soil.

He pleaded responsible to federal prices in 2022 and was sentenced in 2023 to a 12 months of probation and ordered to pay a $40,000 high quality for 3 counts of creating false statements in reference to a federally funded freeway challenge. He had confronted as much as 15 years in jail and a high quality as excessive as $750,000. 

In 2023, Barletta pleaded not responsible to state prices, arguing that Ferreira acted independently with out its consent. However Neronha mentioned the agency had a authorized obligation to convey solely Dept. of Environmental Administration-approved fill to the positioning.

“They knew that was their obligation,” he mentioned, “however they ignored it for expediency, if nothing else, and when confronted by DOT and DEM, they lied.”

After Barletta agreed to pay $1 million in 2023 to settle a federal investigation of its false reporting to state and federal transportation companies, Neronha’s group was ready to file prison prices, however had no proof to cost Barletta’s company officers, the AG mentioned.

“I believed to have it imply one thing,” Neronha mentioned, “ten occasions what the federal authorities had recovered could be an excellent place to begin.”

Neronha famous that penalty would have been $15 million had the case gone to prison trial.

All however $1 million of the settlement Barletta paid is earmarked for a fund established to assist enhance dental and bodily well being of youngsters dwelling close to the 6/10 interchange. The extra $1 million will cowl authorized charges accrued by the AG’s workplace and the state Dept. of Environmental Administration.