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Enforcement and Penalties

Enforcement

The following enforcement action is prescribed when open burning takes place without a permit and will be issued by BCPH:

Open burning occurring without a permit should be documented (based on an on-site inspection at the time the burning is occurring, or later documenting evidence of a previous burn) and, depending upon the severity of the problem, either a warning letter or Notice of Violation should be issued.

Penalties

Violations of the open burning permit requirements are subject to a penalty, the size of which is dependent upon whether the burning is commercial or non-commercial.

If the violation is found to be non-commercial, a civil penalty of not more than $100 per day for each day during which such a violation occurs may be assessed in accordance with Colorado Revised Statutes (C.R.S.) Section 25-7-123 (3)(a).

If the violation is found to be commercial, a civil penalty of not more than $10,000 per day for each day during which such a violation occurs may be assessed in accordance with C.R.S. Section 25-7-123 (3)(b). However, if any person violates a compliance order issued for an open burning violation, then the violation can be addressed under C.R.S. Section 25-7-121, court injunction, and C.R.S. Section 25-7-122, with a civil penalty of up to $15,000 per day.

Delegation of Authority

Under mutual agreement, Delegation of Authority has been extended to Boulder County Public Heath from CDPHE, Air Pollution Control Division, for issuing and enforcing open burning permits and enforcement of state open burning policies.