Sunday, December 06, 2020
A GoLocal request for copies of the communications between the Rhode Island Department of Environmental Management (DEM) and the Rhode Island Department of Transportation (RIDOT) regarding the removal of contaminated soil a the 6/10 RI DOT project is being blocked by state attorneys.
GoLocal unveiled in September that contaminated material was dumped in an Olneyville neighborhood adjacent to homes and businesses and that material was spread throughout neighborhoods as part of the project — a project that is costing taxpayers hundreds of millions of dollars.
For months RIDOT, Director Peter Alviti denied the material was contaminated and has refused to answer repeated questions.
GoLocal’s investigation has now sparked both federal and state investigations. The Department of Justice has issued subpoenas and has empaneled a grand jury and Rhode Island Attorney General Peter Neronha has an ongoing investigation. And, State court has issued at least one search warrant tied to the investigation at another RIDOT project
Now, three weeks after GoLocal requested the public documents, RIDEM is claiming that among other things that, “Requested records are exempt from disclosure pursuant to R.I. Gen. Laws §38-2-2(4)(A)(I)(a) as privileged Attorney/Client communication.”
“The assertion of this exemption of attorney/client communication is absurd. We are asking for the communications between two state agencies about removing contaminated soil,” said Josh Fenton, CEO and co-founder of GoLocal. “One of the agencies is supposed to be regulating the other.”
“We will ask the court to intervene,” said Fenton.
After months of the contaminated soil being dumped in the Olneyville neighborhood, it was removed and taken to a Massachusetts landfill that accepts contaminated material. Neither RIDOT nor RIDEM notified the neighbors, the public, nor the press of the removal. GoLocal tracked the trucks from Providence to the landfill in Clinton, MA.
Whistleblower’s Concerns Ignored by RI Officials
The two agencies — RIDOT and RIDEM were notified of the contamination in July by a whistleblower. Alviti claimed that the material was not contaminated and RIDEM Director Janet Coit did not respond to the complaint.
SEE THE TIMELINE OF THE INVESTIGATION BELOW
The complaint was made by James White, President of Local 57 of the International Union of Operating Engineers. He had notified state officials repeatedly — and both RIDOT and RIDEM officials had failed to take action.
“The public deserves the right to see all communication between these agencies. There has been a clear pattern of inaction and coverup,” said Fenton.
“This never would have been allowed to take place in East Greenwich, Barrington or the East Side of Providence,” said Fenton. “This is failure of government, both by RIDOT and the regulator RIDEM.”
Over the past few years, RIDEM has cut back drastically on environmental enforcement.
This is not the first time these two state agencies have tried to limit public information. RIDOT delayed or put up obstacles to slow the release of documents requested by GoLocal for more than 45 days relating to the contamination at the 6/10 project — a project being managed in part by Massachusetts-based Barletta Engineering and Heavy Machine.
Barletta has in the past three years secured three major contracts from RIDOT totaling $349 million.
The RI DEM attorney denied the request for release of the public documents on two additional grounds
Other- Some of the requested records are not available to the public pursuant to R.I. Gen. Laws §38-2-2(4)(D)(a) could reasonably be expected to interfere with investigations of criminal activity or with enforcement proceedings; 38-2-2(4)(D)(b) would deprive a person of a right to a fair trial or an impartial adjudication; and 38-2-2(4)(D)(c) could reasonably be expected to constitute an unwarranted invasion of person privacy.
Other- Some of the requested records are not available to the public pursuant to R.I. Gen. Laws §38-2-2(4)(K) Preliminary drafts, notes, impressions, memoranda, working papers, and work products, including those involving research at state institutions of higher education on commercial, scientific, artistic, technical or scholarly issues, whether in electronic or other format; provided, however, any documents submitted at a public meeting of a public body shall be deemed public.
The following is the email from GoLocal to RI DEM on November 16 seeking the documents relating to the removal of the contaminated soil.
Mike, [Michael Healey, Spokesperson for RIDEM]
GoLocal is seeking copies of all communication between RIDEM and RIDOT regarding the contaminated soil located on Plainfield Street in Providence from October 1 thru to today.
Two months ago, RIDOT announced the material would be removed and I know that process began today.
I appreciate your attention to this request. If you have any questions, please feel free to reachout.
Thank you,
Josh Fenton
CEO and Co-Founder
Related Articles
