The construction industry faces increased scrutiny over environmental regulations.
Barletta Heavy Division Inc., a Massachusetts construction company, reached an $11 million settlement for illegally dumping contaminated fill in Providence, Rhode Island. The Attorney General announced the settlement, which dismisses all criminal and civil charges while admitting to unlawful actions. The funds will support youth dental care services in Providence. This settlement, the highest for environmental violations in the state, prompts new legislation to classify hazardous waste use as a felony, highlighting the need for accountability in construction practices.
Providence, Rhode Island – Barletta Heavy Division Inc., a construction company based in Massachusetts, has reached an $11 million settlement regarding criminal charges stemming from the illegal dumping of contaminated fill in Providence. The announcement was made on May 21, 2024, by Attorney General Peter Neronha, who confirmed that this settlement concludes a significant investigation into the company’s practices.
The prosecution revealed that Barletta illegally disposed of more than 4,500 tons of contaminated fill during a highway construction project at the Route 6/10 interchange. The illegal activity took place in 2020, when Barletta transported backfill from other projects to the construction site without obtaining the necessary state approvals. This resulted in serious legal ramifications as the soil in question was found to contain hazardous materials, undermining public health and safety.
The case against Barletta intensified earlier in 2023 when the company faced state criminal charges after settling a related federal case for $1.5 million regarding the same issue of contaminated fill. The allegations indicated that Barletta misled state regulators by misrepresenting the source of the fill material as “urban fill,” despite knowing that it contained hazardous substances.
As part of the settlement, all civil and criminal charges against Barletta have been dismissed, but the company admitted to the allegations outlined in the civil complaint. Attorney General Neronha stated that the actions of Barletta were unlawful and irresponsible, highlighting that the monetary settlement is unprecedented in Rhode Island for environmental violations.
The funds from this settlement will be directed towards youth dental care services in Providence, showcasing a commitment to reinvest in the community following the environmental malpractice. Additionally, it is worth noting that Dennis Ferreira, a former superintendent at Barletta, has already faced consequences related to this case, having been suspended from federally funded projects and having pleaded guilty to federal charges arising from making false statements linked to the highway project.
The investigation was prompted by complaints from local unions, drawing in the Rhode Island Department of Environmental Management (DEM) and the Department of Transportation (DOT). Both Barletta and Ferreira confronted multiple charges, including illegal disposal of solid waste and operating a solid waste facility without the required licensing. The contaminated fill, which was transported from Massachusetts, had not undergone adequate testing, raising concerns about the environmental hazards imposed on surrounding communities.
This case has garnered significant attention, particularly from Rhode Island community organizations that have raised alarms over the potential health impacts related to the illegal dumping. Such environmental injustices are particularly alarming in urban areas where communities are often disproportionately affected by hazardous waste issues.
In response to these serious violations, a new legislative bill has been introduced in Rhode Island that would classify the use of hazardous waste as fill material as a felony, an essential step in preventing similar incidents in the future. This new legal framework aims to protect public health and the environment, ensuring stricter regulations are enforced within the construction industry.
The $11 million settlement marks a pivotal moment in Rhode Island’s environmental regulatory landscape, as it represents the highest financial penalties for construction-related environmental violations in the state’s history. The case emphasizes the crucial need for accountability in environmental stewardship and regulatory compliance within the construction industry.
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