EXCLUSIVE: U.S. Justice Dept. Issues Subpoenas Relating to Contamination at RIDOT’s 6/10 Project

EXCLUSIVE: U.S. Justice Dept. Issues Subpoenas Relating to Contamination at RIDOT’s 6/10 Project

GoLocal has learned that the U.S. Attorney’s office in Rhode Island has issued subpoenas relating to the contamination at the Rhode Island Department of Transportation’s 6/10 project.

The U.S. Attorney in Providence issued subpoenas in the past two weeks for materials and witnesses to present before a Federal grand jury.

In early September GoLocal unveiled that one of Rhode Island’s top union officials had repeatedly raised concerns with the lead contractor on the project and with both the Departments of Transportation and Environmental Management regarding contaminated soil being shipped into Providence and dumped.

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James White, President of Local 57 of the International Union of Operating Engineers, had notified state officials repeatedly -- and both RIDOT and RIDEM officials had failed to take action.

 

The lead contractor on the 6/10 project, Barletta Engineering and Heavy Machine, brought fill from projects in Massachusetts and another major RIDOT site — the Pawtucket/Central Falls Train Station — and dumped the material at the staging area on Plainfield Street next to homes and businesses and under the direction of the RIDOT.

On September 17, GoLocal reported that investigators with the U.S. Department of Labor’s Office of Inspector General, Office of Labor Racketeering & Fraud Investigation as well as from the Federal Highway Administration have begun interviewing key players in the contamination controversy relating to the $410 million project. Special Agent Susan Murphy of the Office of Inspector General has conducted interviews in Rhode Island. 

Of the total project cost, Barletta and its partners in the 6-10 Constructors Joint Venture's portion of the project is $247 million. The project was awarded to 6-10 Constructors Joint Venture after it was, the Barletta entities claim, the low bid by “more than 80 million dollars.”

After months of denials by RIDOT Director Peter Alviti, he admitted in mid-September that tons of materials piled up on the Plainfield site was contaminated and that it would be removed.

But since that claim by Alviti, RIDEM investigator Shelia Paquette and other agency staff were at the Plainfield site on October 6, taking more samples of the material.

"Teams from DEM’s Office of Emergency Response and Division of Law Enforcement are sampling soil at multiple locations at the 6/10 interchange site as part of an ongoing investigation," said Michael Healey of RIDEM in a statement to GoLocal.

"Every sample that’s being collected at the site is under DEM’s direct supervision. DEM is directing the operator exactly where to dig and our team is collecting the soil samples at each sampling location. It is a controlled and orderly process," he added.

 

Adjacent Homes with Pregnant Women and Small Children

The pile of contaminated soil is piled as high as the second-story window at the home of adjacent residents. 

The Carmona family is just one of the nearby families that have suffered through the project and now knows the soil is contaminated with materials that are known as "potential cancer-causing."

Virginia and Teofilo Carmona tell GoLocal that they have suffered from the project that was loud, dirty and they worried about the impact of the soil constantly blowing onto their property.  The family says the construction site has been far more than a nuisance. They say it has done damage to their home, their lives, and they worry now about the impact on their health.

The Carmonas say the cracks in the home's foundation, concrete steps, and its interior falls are a result of the activities at the RIDOT project.

But the real worry is the soil piled up nearly to the second story that is "everywhere."

The family was concerned about the impact of the soil as that Carmona’s daughter was pregnant. They were unaware at the time that the soil was contaminated.

The family repeatedly contacted the RIDOT and the contractor asking to stop the pounding of machinery and control the materials from spreading on to their home and into their yard. The family asked RIDOT for relief to get their daughter an apartment during her pregnancy.

RIDOT made an offer to make the Carmonas a payment, a proposed legally-binding document that came with a far-reaching release from liability.  According to the RIDOT document provided to GoLocal by the family, "The Carmonas alleged that they have been injured and/or damaged as a result of the interim construction activities related to the claim."

The total amount offered by the state was $12,600.  

The U.S. Attorney’s office in Providence did not respond to requests for comment regarding the issuance of subpoenas.