Attorney General Neronha announces Barletta Heavy Division has paid $11 million to resolve environmental violations at Route 6/10 construction site
Settlement resolves criminal case; $10 million to be used to improve health of Providence children living near 6/10
PROVIDENCE, R.I. – Attorney General Peter F. Neronha announced today that Barletta Heavy Division (Barletta) has paid $11 million to resolve its violations of Rhode Island solid waste laws by unlawfully dumping tons of contaminated fill during the construction of the Route 6/10 Interchange and lying about it. Proceeds from the $11 million settlement, negotiated by Attorney General Neronha, will be used to fund dental care services for Providence city youth.
Barletta’s violations included disposing tons of contaminated Massachusetts fill during the construction of the Route 6/10 Interchange. Further when confronted by suspicious state regulators about the imported 6/10 fill, Barletta deceived state regulators about the true source and contaminated nature of the fill.
“Companies that treat our state as a dumping ground and place the health and welfare of Rhode Islanders at risk, as Barletta has here, must face real consequences for their unlawful conduct,” said Attorney General Neronha. “When the federal case against Barletta was resolved some time ago, I strongly believed that Rhode Islanders deserved a better outcome, and so we proceeded with our state case. I am pleased that now, because of our demonstrated willingness to take this case to trial, Barletta has paid an unprecedented monetary amount of $11 million dollars to resolve our case. Of that amount, $10 million dollars will go towards improving the dental and physical health of children living in Providence neighborhoods near the 6/10 Interchange. In addition, Barletta will pay legal fees to this Office and DEM in the amount of $1 million. Whether Barletta learns from this experience remains to be seen. But they have paid a heavy price for their unlawful, irresponsible, and deceptive behavior, and deservedly so.”
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.
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.
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.”
Today’s settlement resolves the criminal case against Barletta. Mr. 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.
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;
- fund the Attorney General’s 6/10 Children’s Fund with $10 million to be paid directly to the Rhode Island Foundation, which will administer the funds;
- 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.
“Too often, I’ve seen the illegal and immoral decisions of bad actors lead to bad outcomes for Rhode Island’s predominately black and brown communities, with children being one of the most vulnerable groups within these communities,” continued Attorney General Neronha. “For that reason, these funds will be immediately put into action to address immediate health care needs of Providence children. This includes the urgent need to provide access to dental care for children. Whether it’s enforcing lead poisoning prevention laws, fighting for clean air and water for our communities, or working to protect safety-net hospitals, my Office has prioritized giving our children a fighting chance, and we will continue to do so. I am especially grateful to our partners at the Department of Environmental Management and the Rhode Island Foundation for their assistance in this matter and many others.”
“Building and sustaining healthy and strong communities is central to our work,” said David N. Cicilline, president and CEO of the Rhode Island Foundation. “Focusing the funding on neighborhoods where health disparities are high won’t just close gaps in access to care; the benefits will spill over into their everyday lives. Children who are healthy can concentrate on school, enjoy play and contribute to their communities, creating pathways to a brighter future.”
According to the Rhode Island Department of Health, one in three kindergarteners and almost half of all third graders in the state experience tooth decay – a situation that is particularly dire in Providence. According to data collected by Dr. Greg Stepka during the 2023-2024 school year, more than one in four Providence elementary and middle students had unmet dental care needs, like deep cavities and gum infection, and 520 students required urgent care for abscesses, tooth decay, and infections – a 56% rise in the number of severe cases from the prior year. Moreover, multiple studies have highlighted oral health disparities by socioeconomic status, race, and ethnicity. Children attending schools with more than 75% of their students eligible for free or reduced school meals, including many in the Providence Public School District, are twice as likely to have untreated tooth decay than those in wealthier districts.
“As a pediatric dentist practicing over two decades and native Rhode Islander serving families in our Providence office location, I witness first-hand the toll of untreated dental disease every single day,” said Dr. Fotini M. Dionisopoulos, D.M.D. President, Rhode Island Dental Association. “For years, our dentists have ‘raised the alarm’ about the growing oral health crisis facing our children, especially here in this city. We are deeply grateful that someone has finally heard our call. This settlement is more than a penalty—it’s a lifeline to better quality of life for Providence’s children. Oral health affects overall health. By investing these funds in pediatric dental care, we have the opportunity to change the trajectory of this crisis and bring lasting relief to families who have waited far too long for meaningful support.”
The investigation and prosecution of the state case was led by Special Assistant Attorney General Stephen Dambruch, Assistant Attorney General John Moreira, Assistant Attorney General Alison Hoffman Carney, former Assistant Attorney General Peter Roklan, Sergeant Sheila Paquette of the Rhode Island Department of Environmental Management Division of Law Enforcement, Special Agent Todd Collins of the US Department of Transportation – OIG, and agents from the US Department of Labor – OIG.
About the case
On January 18, 2023, Attorney General Neronha charged Barletta and a former senior employee with illegally dumping tons of contaminated fill at project sites in Providence during the construction of the Route 6/10 Interchange project.
The Attorney General charged Barletta, a Canton, Massachusetts-based construction firm overseeing the Route 6/10 Interchange construction project, 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.
The Attorney General also charged Dennis Ferreira of Holliston, Mass., 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.
Previously, the United States Attorney’s Office for the District of Rhode Island resolved an investigation into Barletta and Mr. Ferreira in 2022.
