Families Who Live Next to 6/10 Contamination Site Sue RIDOT - State Continues to Test for Pollutants

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Families Who Live Next to 6/10 Contamination Site Sue RIDOT - State Continues to Test for Pollutants

Last Thursday, a consultant working for RIDOT to take more samples - but could not as the agency hired the wrong sized backhoe
Families who live adjacent to the site controlled by the Rhode Island Department of Transportation (RIDOT) where massive piles of contaminated soil were dumped have filed a lawsuit against RIDOT.

This is just the latest development in the contamination case in the Olneyville neighborhood of Providence tied to the 6/10 connector project -- a construction project that costs hundreds of millions of dollars.

The suits were filed in Providence Superior court on behalf of the homeowners of two adjacent houses — Teofilo and Virginia Carmona and their adjacent neighbor Miriam Bonilla.

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The families have filed suit alleging in part that “…the actions of the State on the Adjacent Parcel have resulted in the distribution of soils containing toxins and pollutants onto the Property and into the Building as a result of the storage soil and operations conducted by the State on the Adjacent Parcel."

The lawsuit asserts that “the Property and Building has been contaminated by such toxins and pollutants as a result of the operations conducted by the State on the Adjacent Parcel. And damage was done by the construction on the site loading and unloading the contaminated materials."

The lawsuits by the Carmona and the Bonilla families were filed in Providence Superior Court PHOTO: GoLocal
The lawsuit states, “The operation of the heavy machinery or equipment on the Adjacent Parcel has caused significant vibrating, shaking, shuddering and quaking of the Building and the Property. The significant vibrating, shaking, shuddering and quaking of the Building and the Property has caused damage to the structure of the Building and surrounding infrastructure and improvements."

The site was managed by Barletta Engineering/Heavy Machine -- the lead contractor on the multi-hundred million 6/10 connector project -- who was ordered to remove the contaminated piles in the fall of 2020. The company and other private firms involved were not named in the initial lawsuits.

The families also assert that “damage to the Property and the Building was foreseeable and the State failed to take any remedial action in response to complaints regarding the activities occurring on the Adjacent Parcel. The State is liable for the actions of its agents and the State’s failure to prevent the damage to the Property and the Building.”

 

On Friday, a larger backhoe was delivered to the site - testing is supposed to take place this coming week PHOTO: GoLocal
More Testing on Site

On Thursday, contractors working for RIDOT and an engineer for the Rhode Island Department of Environmental Management (RIDEM) were onsite to use a backhoe to dig for additional samples. But the backhoe hired by RIDOT was too small and the testing had to be delayed. 

A larger backhoe was delivered to the site on Friday.

"We sent a crew out to conduct more sampling but because of the snow cover and ground temperature were not able to make progress today. We plan on following up using a bigger excavator early next week. This is part of our efforts to fully address lingering concerns brought to us by residents and others to verify soil removal and that there are no remaining safety issues at the site," said Michael Healey, chief public affairs officer for RIDEM.

 

For the Carmona and Bonilla Families - RIDOT Has Been a Nightmare

The Carmona family has lived on a one-block adjacent street for 20 plus years in Providence. They immigrated from Venezuela, raised two children, and their oldest of the four grandchildren just graduated from the University of Rhode Island. Their daughter was pregnant.

Then, the Rhode Island Department of Transportation and the contractor Barletta selected a piece of state land next to the Carmona's home as a staging area for hundreds of tons of soil — soil that RIDOT was forced to admit was contaminated after repeatedly denying it. RIDOT Director Peter Alviti appeared on talk radio to deny the material was contaminated.

The admission by the state came months after James White, President of Local 57 of the International Union of Operating Engineers, began raising concerns and a GoLocal investigation.

Bonilla, who lives next door to the Carmonas on Pilduski Street, has also filed suit citing the contaminated material and impact of the months of construction activities. Both parties are represented by the Providence law firm DarrowEverett. 

 

The Carmona family at URI graduation before RIDOT's project PHOTO: Carmona family
RIDOT Tried to Force Carmona to Sign Sweeping Release

When the Carmonas first raised concerns about the soils and the pounding, RIDOT presented them with a legal document, a sweeping release from liability for the state and its consultants and agents -- forever. The Carmonas say a top RIDOT official repeatedly pressured them to sign it.

For more than a year, the family's backyard, car, and grill all were blanketed with the soil from the contaminated pile coming through the fence into their backyard. Everything was covered.

The Carmona family say 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 in the interior walls of their home are all as a result of the activities at the RIDOT project.

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

In the fall of 2020, the biggest concern for the family was that Carmona’s daughter was pregnant.  The family repeatedly contacted the RIDOT and the contractor asking to stop the pounding of machinery and control the materials from spreading onto 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 payment 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.  

There was just one issue for the Carmonas. The release went far beyond payments to relocate their daughter for the period of the pregnancy -- it was an absolute release that indemnified RIDOT as well as contractors like Barletta. 

"The Carmonas, for themselves, and their agents, representatives, heirs, executors, administrators, successors, and assigns...release forever the State of Rhode Island and its Department of Transportation, together with their respective officers, directors, employees, representative, consultants, and agents...from any and all matters, actions, cause of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, liabilities...arising out of the claim and/or the Project," stated the release -- in part. 

RIDOT was asking the Carmonas to give up any legal claim for any damages in perpetuity both for the state and its contractors.

“In October of 2019, David Walsh tried to get us to sign a release for any damages, we showed it to a family friend who said ‘do not sign’ the release. [Walsh] asked us repeatedly [to sign the agreement] and told us to hurry,” said Mr. Carmona during an interview in his backyard.

Walsh, who then served as Assistant Director of Administrative Services, told GoLocal in the fall of 2020 he refused to discuss the specifics of the release and payment. But Walsh told GoLocal, “Sometime this summer, someone from Barletta went over and talked to the Carmonas about the problems.” 

Walsh has subsequently left RIDOT.

 

RIDOT Release. The Carmonas say Walsh pressured them to sign it. They refused.

 

“You probably should speak to someone at RDOT's communication office. I do know this, the supervisor for Barletta went to Mr. Carmona and talked to him,” Walsh added before ending the call.

GoLocal reached out to then-Barletta’s supervisor on the site, Dennis Ferreira, who is the contact for the Carmonas — he did not respond to phone calls or texts. The company did not respond to press requests and the company’s attorney did not respond to requests to connect GoLocal with Ferreira.

Ferreira is no longer the supervisor on the 6/10 project.


TIMELINE: 6/10 Contamination GoLocal Investigation

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