Contractor fined $1.5 million for use of contaminated fill at 6-10 connector site
PROVIDENCE – The construction company hired by the state to rebuild the 6-10 connector will pay $1.5 million in fines as part of a federal court case related to the use of contaminated soil and stone at the project site.
The office of U.S. Attorney Zachary A. Cunha announced on Wednesday the resolution of civil and criminal investigations of Barletta Heavy Division, including criminal charges against Dennis Ferreira, former superintendent of the project.
While Barletta was not charged with any crimes, the Canton, Massachusetts-based company agreed to pay a $500,000 fine and return $1 million to the state. Ferreira, meanwhile, will plead guilty in federal court to charges of making false statements, according to Cunha’s office.
“When federal tax dollars fund work in our communities, we expect that the government will get what it bargains for,” Cunha said in a statement. “In this case, that didn’t happen. Today’s resolution should serve as a reminder to any company or corporate official that, when the government is footing the bill, false statements have consequences.”
The case centered upon the use two years ago of backfill that Barletta improperly trucked in from other projects it was working on to the 6-10 location. After workers complained that the company was disposing of hazardous materials on the site, Local 57 of the International Union of Operating Engineers, whose members drove bulldozers and other heavy machinery at the site, tested soil samples and found toxins at unacceptable levels.
The union notified the state Department of Transportation and the Department of Environmental Management of its findings. The DOT followed up with tests of its own and also found levels of contaminants, including carcinogens, above regulatory limits. The fill was ordered to be removed.
Previous reporting on the 6-10 connector project:
Under its contract with the state, Barletta had agreed to a plan that laid out standards for soil composition and containment. The plan required the company to meet those health and safety standards with any soil it brought in to use as fill.
In violation of the agreement, the company brought in untested stone from a train station project in Jamaica Plain in Boston and soil from the Pawtucket/Central Falls rail station and bus hub project. Barletta was the lead contractor on both projects.
The stone from Boston totaled 93 truckloads, or about 3,500 tons, and the soil from Pawtucket totaled 52 truckloads.
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Under the criminal complaint against him, Ferreira was charged with three counts of making false statements about the use of fill from those sites. The statements were made to the DOT and the Federal Highway Administration and included misstatements about the origin of the fill and whether it had been tested before being brought to the 6-10 site.
As part of a non-prosecution agreement, Barletta took responsibility for the actions of its employee and accepted the facts of the case. On top of the fines, the company must implement additional monitoring, reporting and compliance measures for three years. If it fails to comply, it will be subject to prosecution, according to Cunha’s office.
According to the agreement, Barletta fired Ferreira when it learned of his conduct. The company also took steps to improve environmental compliance.
"Barletta regrets the isolated actions of its employee in this matter, who is no longer with the company," the company said in a statement. "Barletta fully cooperated with the government during the course of its investigation and is satisfied with the resolution of this case."
A separate investigation by the office of Attorney General Peter Neronha for potential violation of environmental laws is still underway.
"We anticipate providing an update regarding this Office’s investigation in the very near future," a spokesman Neronha's office said.
This article originally appeared on The Providence Journal: Barletta Heavy Division fined after using contaminated soil
