Massachusetts construction company to pay $11M in illegal dumping case

Key Points

• Barletta Heavy Division Inc has agreed to pay $11 million to resolve state criminal charges for illegally dumping thousands of tons of contaminated fill in Providence during the Route 6/10 interchange rebuild.
• Attorney General Peter Neronha alleged the company not only violated state law by disposing of hazardous materials but also “deceived state regulators” about the fill’s origin.
• This state case followed a prior $1.5 million federal settlement, and investigators say Barletta dumped more than 4,500 tons of hazardous soil in 2020.
• Proceeds from the settlement will fund dental care services for Providence city youth, and all criminal and civil charges will be dismissed with prejudice.

PROVIDENCE, R.I. (AP) — Rhode Island's top legal chief announced Wednesday that a Massachusetts construction company has agreed to pay $11 million to settle criminal charges that it illegally dumped thousands of tons of contaminated fill in the Ocean State's Capitol city during a highway construction project.

According to Attorney General Peter Neronha's office, Barletta Heavy Division Inc. of Canton not only violated state law when it disposed the contaminated fill in Rhode Island but also “deceived state regulators” when pressed about the source of the fill.

Neronha filed state criminal charges against Barletta in early 2023 after the company agreed to pay $1.5 million in a settlement with the federal government over the same construction fill.

“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," Neronha said in a statement. “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.”

Barletta oversaw a $247 million project, that started in 2018, to rebuild the Route 6/10 interchange. The charges involved construction-fill disposal that took place in 2020, where investigators say the company transported backfill from other projects to the Route 6/10 site. The project has since been completed.

“With today’s settlement agreement and the dismissal with prejudice of all criminal and civil charges in this case, Barletta is pleased to put this matter behind us and looks forward to continuing our long history of successfully and responsibly delivering world class public infrastructure projects," said Shannon Reilly, an attorney representing Barletta.

When the state criminal charges were filed, the company said the soil was “urban fill " — commonly found in city settings throughout the U.S. The attorney general's office maintained that the fill contained hazardous materials and the company disposed more than 4,500 tons in Rhode Island.

"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,” Neronha said.

Proceeds of the $11 million settlement will be used to fund dental care services for Providence city youth, Neronha added.