After 4-Year GoLocal Investigation, Neronha Strikes Deal with Barletta for $11M Over 6/10

GoLocalProv News Team

After 4-Year GoLocal Investigation, Neronha Strikes Deal with Barletta for $11M Over 6/10

RI Attorney General Peter Neronha, PHOTO: GoLocal
In September of 2020, GoLocal first exposed the dumping of contaminated materials in the Olneyville neighborhood by the Massachusetts contractor Barletta Heavy Division.

Barletta was the lead contractor on the 6/10 project. Over the course of more than four years of reporting, GoLocal has written dozens of exclusive stories about the events, allegations, and impacts on the neighbors.

Now, nearly five years later, Attorney General Peter Neronha has announced a settlement with the company.

GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLAST

As part of the deal, Neronha is dropping the criminal charges against Barletta Heavy Division.

Under the terms of the settlement agreement, Barletta admits all of the conduct alleged against it in the civil complaint. Specifically, the state alleged that the defendants authorized the disposal of more than 4,500 tons of contaminated stone and soil at the Route 6/10 Interchange construction project.

Under the terms of the State’s contract with Barletta, the company was required to analyze any fill brought to the 6/10 project site for contaminants and certify that any fill would be suitable for use at the site. In 2020, defendant Dennis Ferreira, as the Superintendent of the Route 6/10 Interchange construction project, possessed broad authority over the project for Barletta, including the acquisition of material to be used on site.

Despite its legal obligations to the contrary, Barletta used contaminated fill from the Pawtucket/Central Falls Commuter Rail Station site on the border of Pawtucket and Central Falls, and from a Barletta materials stockpile in the Jamaica Plain neighborhood of Boston, Mass. The site of the Pawtucket/Central Falls Commuter Rail Station has been used as a rail yard for nearly 150 years and the presence of soil contaminants, including arsenic and PAH’s, has been previously confirmed. At the Jamaica Plain site, Barletta stockpiled contaminated stone generated from railbed replacement work they conducted on the Massachusetts Bay Transportation Authority (MBTA) Green line.

As alleged and now admitted by Barletta, Ferreira authorized and Barletta transported approximately 1,114 tons of known untested soil from the Pawtucket/Central Falls site and approximately 3,460 tons of contaminated stone from the Jamaica Plain site to the 6/10 project site. As further alleged and now admitted by Barletta, in late July 2020, state officials with DEM and the Rhode Island Department of Transportation (DOT) asked Ferreira for an environmental certification for the transported stone, and on behalf of Barletta, he provided an environmental testing report with analysis from another site, hiding the fact that the 6/10 site stone was contaminated.

In short, Barletta now admits that they not only deposited fill that they knew was contaminated at the 6/10 site, but that they lied about it during and after they dumped and processed the contaminated fill.

“Barletta deliberately disposed of contaminated materials at the site, showing a complete disregard for the health and safety of Rhode Islanders,” said DEM Director Terry Gray. “I’m proud of the excellent work by our environmental police and other regulatory experts for investigating this case and documenting the violations of state law and regulations.  Their thoroughness and professionalism provided the information critical for the success of this matter.  I’m also grateful to the Attorney General and his dedicated legal team for their excellent work in developing and prosecuting this. Their efforts send a clear and powerful message to contractors everywhere: this kind of reckless behavior will not be tolerated—and it will be prosecuted to the fullest extent of the law.”

Under the terms of the settlement, Barletta has agreed to:

- pay a civil settlement of $11 million total to the State within ten business days of the effective date of this settlement agreement;
 - with $10 million to be paid directly to the Rhode Island Foundation, which will administer the funds for dental health;
- pay $750,000 in compensation for costs of investigation and prosecution to the Attorney General’s Office; and
- pay $250,000 in compensation for costs of investigation to the Department of Environmental Management.

The settlement also resolves the criminal case against Barletta. Ferreira pleaded guilty in Providence County Superior Court to one count of filing a false document and received a one-year suspended sentence and one year of probation. His other charges were dismissed.

 

SEE THE TIMELINE OF THE EVENTS OF THE CONTAMINATION BELOW

In an interview with GoLocal in January of 2023, Vincent Barletta told GoLocal Neronha demanded a payment of $17 million and threatening criminal arrest.

“We kind of got through a lot of the [BS] and a lot of the blackmailing and kind of got to a little bit more straightforward discussions,” said Barletta said of the discussions with the Attorney General’s office.

At that time, Barletta and his firm had been facing both federal and state prosecution.

In October, Barletta settled with the U.S. Attorney’s office in a non-prosecution agreement.

Barletta told GoLocal in 2023 that Neronha has threatened to arrest him for weeks.

“We’ve had, you know, out of 12 months, I mean not every week, you know, we were completely convinced but you know from the time from August when the feds had agreed to everything [non-prosecution agreement] to pretty much election week, I was told we were going to get, I had to report for an indictment -- and nothing,” said Barletta.

When asked if the negotiations with the state were fruitful, Barletta said, "Oh no, they're at -- they want -- $17 million dollars and we are at a ham sandwich. So nowhere. We are nowhere close."


TIMELINE: 6/10 Contamination GoLocal Investigation

Enjoy this post? Share it with others.