State charges contractor, former project supervisor over illegal dumping at 6/10 Connector
PROVIDENCE, R.I. (WJAR) — The Rhode Island Attorney General's Office announced Wednesday state charges have been filed against the lead contractor for the 6/10 Connector reconstruction project in Providence and one of its former senior employees.
The charges allege Barletta Heavy Division and former project superintendent Dennis Ferreira had a hand in illegally dumping contaminated fill at the highway construction site.
Barletta -- which is based in Canton, Massachusetts -- faces two counts of illegal disposal of solid waste, one count of operating a solid waste management facility without a license and one count of providing a false document to a public official.
Ferreira, 62, of Holliston, Massachusetts, faces the same crimes.
"Mr. Ferreira and Barletta Heavy Division used the the 6/10 site an environmental dumping ground," said Neronha. "Not only for Rhode Island waste, but worse, they made Rhode Island a dumping ground for Massachusetts waste."
The newly-filed complaint alleges Ferreira of masterminding the scheme. Neronha adding Barletta should be held responsible for his conduct under the law.
Both Barletta and Ferreira are accused of transporting thousands of tons of contaminated fill from worksites in the Boston area and the new Pawtucket-Central Falls train station and dumping it at the 6/10 Connector site in 2020.
"At Mr. Ferreira's direction, Barletta mixed the Massachusetts stone with soil at the 6/10 site to produce gravel, which was then used throughout the 6/10 site," Neronha said. "Rhode Island's environmental and public health laws exist for a reason: to keep Rhode Islanders safe and protect our environment. We will continue to aggressively enforce those laws because Rhode Islanders deserve nothing less."
Wednesday's state charges follow federal charges against Ferreira and Barletta which were resolved late last year.
Ferreira pleaded guilty in December to federal charges of making false statements in connection with the project. He'll be sentenced in March.
Additionally, Barletta agreed to pay a $500,000 criminal fine and pay another $1 million to the government in the federal case.
In a statement sent to NBC 10 late Wednesday night, Barletta spokesperson Jilly Reilly said:
Barletta Heavy Division, Inc. respectfully rejects the criminal charges that the Rhode Island Attorney General has chosen to bring, which incorrectly contend that Barletta illegally disposed of solid waste at the Route 6-10 highway job in Providence. None of the soil and stone transported to the 6-10 job was solid waste. The soil and stone transported to the 6-10 highway job was the same in composition and makeup as the urban soil already present in, around and under the 6-10 highway for generations, a fact that has been established through rigorous testing performed by a highly respected and reputable geotechnical engineering firm. Barletta’s work on this project did not violate any criminal laws and the charges are baseless, both legally and factually. Barletta intends to fight these charges vigorously and is confident that it will prevail and restore its impeccable reputation once the facts are fully and accurately presented in court.
According to the statement, Barletta is hoping to prove in court that Ferreira "acted independently without the authorization, knowledge or consent of Barletta" regarding the actions on the project site.
"These baseless charges may harm Rhode Island and other taxpayers by preventing a responsible contractor from bidding on public projects, leading to higher costs for infrastructure projects," the statement continued.
The company is still overseeing the 6/10 connector project and construction at Pawtucket-Central Falls station.
A RIDOT spokesperson says Barletta remains under contract to complete the 6/10 project, and that "neither the U.S. Attorney’s Office nor Rhode Island Attorney General’s Office have advised us to discontinue our contracts with Barletta."
When asked if Barletta is eligible for future state contracts, RIDOT said the matter is currently under legal review.
No remediation efforts are underway at the site. Experts believe digging up the contaminated fill could pose more of a public health risk than leaving it capped.
"What concerns me, of course, is, what happens when work needs to be done on that site down the road?" Neronha said. "There will certainly have to be steps in place to deal with the contamination then."
Barletta and Ferreira are scheduled for arraignment Feb. 1 in Providence County Superior Court.
This story has been updated to include a statement from Barletta Heavy Division.
NBC 10's Cal Dymowski contributed to this report.