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 venture and mendacity about it, Rhode Island’s lawyer common introduced Might 21.

The case involving the biggest design-build freeway venture 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 cost from Barletta acquired by the state, stated Rhode Island Lawyer Common Peter Neronha throughout a press convention.

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

Whereas the settlement dismisses all legal and civil costs in opposition to Barletta, the agency did admit to the entire conduct alleged within the civil grievance underneath the phrases of settlement, based on the lawyer common’s press release saying the settlement, “Particularly, the state alleged that the defendants licensed the disposal of greater than 4,500 tons of contaminated stone and soil on the Route 6/10 Interchange building venture.” 

Barletta stated in an announcement 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 venture, was suspended by the U.S. Dept of Transportation in 2023 from collaborating in all federally funded packages and tasks for his unlawful dumping of contaminated soil.

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

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

“They knew that was their obligation,” he stated, “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 crew was ready to file legal costs, however had no proof to cost Barletta’s company officers, the AG stated.

“I believed to have it imply one thing,” Neronha stated, “ten occasions what the federal authorities had recovered can be a superb place to begin.”

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