Barletta Heavy Division has agreed to pay an unprecedented $11 million to settle a civil case involving illegal dumping of tons of toxic fill during construction of a Providence, R.I., highway connector project and lying about it, Rhode Island’s attorney general announced May 21.

The case involving the largest Rhode Island design-build highway project has lingered in state superior court since 2023, but will now be dismissed with the settlement and payment from Barletta received by the state, said state Attorney General Peter Neronha during a press conference.

“Whether Barletta learns from this experience remains to be seen,” Neronha said of the firm’s activities on the $410-million 6/10 connector construction project. “But [itt] paid a heavy price for the unlawful, irresponsible and deceptive behavior, and deservedly so.”

While the settlement dismisses all criminal and civil charges against Barletta, the firm did admit to all of the conduct alleged in the civil complaint under the terms of settlement, according to the attorney general’s press release announcing the agreement, “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.” 

Barletta said in a statement that it 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.”

Dennis Ferreira, a former Barletta superintendent leading the 6/10 connector project, was suspended by the U.S. Dept of Transportation in 2023 from participating in all federally funded programs and projects for his illegal dumping of contaminated soil.

He pleaded guilty to federal charges in 2022 and was sentenced in 2023 to a year of probation and ordered to pay a $40,000 fine for three counts of making false statements in connection with a federally funded highway project. He had faced up to 15 years in prison and a fine as high as $750,000. 

In 2023, Barletta pleaded not guilty to state charges, arguing that Ferreira acted independently without its consent. But Neronha said the firm had a legal obligation to bring only Dept. of Environmental Management-approved fill to the site.

“They knew that was their obligation,” he said, “but they ignored it for expediency, if nothing else, and when confronted by DOT and DEM, they lied.”

After Barletta agreed to pay $1 million in 2023 to settle a federal investigation of its false reporting to state and federal transportation agencies, Neronha’s team was prepared to file criminal charges but had no evidence to charge corporate officials, the AG said, and therefore wanted to make the civil case as impactful as possible. 

“I thought to have [the settlement] mean something, ten times what the federal government had recovered would be a good place to start,” Neronha said, adding that the penalty would have been $15 million had the case gone to criminal trial.

All but $1 million of the settlement Barletta paid is earmarked for a fund established to help improve dental and physical health of children living near the 6/10 interchange. The remainder will cover legal fees accrued by the AG’s office and state Dept. of Environmental Management.