BENNINGTON, VT – Mace Security International, manufacturer of pepper spray and tear gas, was sentenced in May 2011 following a federal investigation into improper hazardous waste handling at its Bennington, Vermont facility. The case, stemming from an emergency cleanup operation initiated by the Environmental Protection Agency (EPA) and the Vermont Department of Environmental Conservation in January 2008, revealed years of negligent storage practices that threatened the nearby Walloomsac River.
The initial EPA inspection uncovered over 80 unlabeled drums within the mill buildings, many containing ignitable and reactive hazardous waste. Investigators found no evidence of compliant storage procedures, raising immediate environmental and safety concerns. While Mace and its former Bennington Operation President, Jon Goodrich, fully cooperated with the subsequent emergency removal action, spending over $780,000 on remediation, the investigation broadened to reveal a pattern of deliberate inaction.
According to court documents, Mace and Goodrich had received multiple quotes for hazardous waste removal as early as the autumn of 2006, yet failed to implement any corrective measures. The hazardous waste, largely accumulated as a byproduct of Mace’s manufacturing processes, was frequently stored outdoors in shipping containers, dangerously close to the Walloomsac River. This posed a significant risk of contamination to the waterway and surrounding ecosystem.
Legal Ramifications
On November 16, 2010, Mace was formally charged with one count of knowingly violating the Resource Conservation and Recovery Act (RCRA) – specifically 42 U.S.C. 6928(d)(2)(A). The charge alleges that the company knowingly violated regulations regarding the storage and disposal of hazardous waste. Mace ultimately pled guilty to the RCRA count on May 31, 2011. The sentencing included a $100,000 federal fine and a seven-month probationary period.
A Pattern of Neglect?
While Mace cooperated with the cleanup and paid a substantial fine, the case highlights a concerning pattern of delayed response to known environmental hazards. The fact that the company received removal estimates years before any action was taken suggests a prioritization of cost-cutting over environmental responsibility. The EPA’s emergency removal action ultimately prevented a potentially larger environmental disaster, but the incident serves as a stark reminder of the importance of proactive hazardous waste management.
Future Implications
This case sets a precedent for holding manufacturers accountable for the proper handling of hazardous waste generated during production. The EPA continues to prioritize enforcement of RCRA regulations, focusing on facilities that pose a threat to human health and the environment. Industry experts suggest that companies will face increasing scrutiny regarding their waste management practices and will need to demonstrate a commitment to environmental compliance to avoid similar legal and financial repercussions.
Key Facts
- Defendant: Mace Security International
- Location: Bennington, Vermont
- Year: 2011
- Crime: Violations of the Resource Conservation and Recovery Act (RCRA)
- Specific Statute Violated: 42 U.S.C. 6928(d)(2)(A) – knowingly violates
- Penalty: $100,000 fine and 7 months probation
- Hazardous Waste: Over 80 unlabeled drums of ignitable and reactive waste stored improperly, some outdoors near the Walloomsac River.
- Remediation Costs: Mace and Goodrich spent over $780,000 on cleanup efforts.
Source: EPA ECHO Enforcement Case Database
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