Judge Rules Against Barletta: State’s Criminal Case Against Contractor for 6/10 Dumping Goes Forward
Saturday, February 03, 2024
Superior Court Judge Maureen Keough on Friday morning rejected a motion to dismiss pending felony charges against Barletta Heavy Division.
In September 2020, GoLocal unveiled the dumping of the material in the Olneyville neighborhood next to homes and businesses. In the homes that are adjacent to the site of the dumping were children and two pregnant women at the time.
Barletta is also the lead contractor on the RIDOT failed Washington Bridge project.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTKeough said the state has “satisfied the burden." While giving the state a big win, she also warned that "there is a big difference between "probable cause and reasonable doubt."
She actively encouraged settlement, citing that "the court is available to facilitate."
Latest for Barletta and 6/10
Mike Healey, the spokesperson for the Rhode Island Department, said about Keough's decision, "We appreciate the Court’s decision on the motion. This is an important case whose facts need to be established for all Rhode Island, but especially for the residents of Olneyville."
In a hearing in January, lawyers for Barletta claimed that the material moved from Massachusetts and from another RIDOT project, the Pawtucket-Central Falls Transit Center, was not 'waste' as it was going to be reused. Both the other sites were Barletta-led projects.
Keough rejected this claim as both the MBTA and Pawtucket-Central Falls projects had specific limits on removing materials and how they could be disposed of.
Similarly, Keough rejected Barletta's claim that the charges should be civil and not criminal.
In court today for the State were Neronha's top prosecutor, Stephen Dambruch, Assistant Attorney General John Moreira, and Sheila Paquette of DEM.
Also to note, Vincent Barletta, CEO and president of Barletta, did not attend the hearing, nor did his lead attorney Robin Main of Hinckley Allen.
Patti Doyle, spokesperson for Barletta said in a statement to GoLocal, "While Barletta Heavy Division, Inc. is understandably disappointedwith the Court’s ruling today, we respect the Court's decision and thank the Court and Judge Keough for their careful consideration of our arguments. Barletta will continue to defend itself against these charges, and if possible, attempt to pursue a mutually acceptable civil resolution with Attorney General Neronha that avoids any further proceedings."
The State's Case Came Months After Federal Action
The state’s case began in January of 2023 when the Attorney General charged Barletta with 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. Barletta is a Canton, Mass.-based construction firm, overseeing the ongoing $247 million Route 6/10 Interchange highway construction project that began in 2018.
Neronha's actions came three months after federal action against Barletta.
Besides charging Barletta in January of 2023, the Attorney General also charged Dennis Ferreira, a former senior employee of Barletta, with 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.
“As alleged in the Information, Mr. Ferreira and Barletta used the 6/10 site as an environmental dumping ground, and not only for Rhode Island waste. Worse yet, they made Rhode Island a dumping ground for Massachusetts waste,” said Neronha in January of 2023. “Their actions come at the expense of Rhode Islander’s public health and their environment. Rhode Island’s environmental and public health laws exist for a reason. To keep Rhode Islanders safe, and to preserve our environment. We will continue to aggressively enforce those laws. Because Rhode Islanders deserve nothing less.”
As alleged in the criminal information, in July 2020, the defendants authorized the disposal of more than 4,500 tons of stone and soil contaminated with hazardous materials at the Route 6/10 Interchange construction project.
In 2020, Dennis Ferreira was the Superintendent of the Route 6/10 Interchange construction project and as alleged in the information, possessed broad authority over the project, including the acquisition of material to be used on site.
As alleged in the information, Barletta is required to analyze any fill brought to the 6/10 project site for contaminants and must certify any fill be suitable for use at the site.
It is alleged that the defendants sourced known contaminated fill from the site of the Pawtucket/Central Falls Commuter Rail Station 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, have 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) B and C Green lines.
As alleged in the information, the defendants authorized the transport of approximately 1,114 tons of contaminated 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.
It is also alleged that in late July 2020, state officials with DEM and the Rhode Island Department of Transportation (DOT) asked Dennis Ferreira for an environmental certification for the transported stone, and he provided an environmental testing report with analysis from another site, to hide the fact that the 6/10 site stone was contaminated.
Separately, on December 14, 2022, Dennis Ferreira pleaded guilty in federal court to three counts of making a false statement in connection with a federally funded highway project. He is scheduled to be sentenced on March 16, 2023. As announced by U.S. Attorney Zachary Cunha, Barletta agreed to pay a total of $1.5 million to the federal government.
This story was first published on 2/2/24 10:53 AM
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