Board urges commissioners to reclassify illegal dumping as civil offense to boost enforcement

The Park County Solid Waste Board on March 20 voted unanimously to recommend the Board of County Commissioners change the county’s illegal-dumping enforcement from a criminal offense to a civil penalty and to establish fees, a change board members said would allow county staff to pursue enforcement directly.

Board members said enforcement by law enforcement agencies has been limited and that changing the classification to civil would permit county staff to issue penalties and pursue collections without criminal prosecution. County Attorney Paul was cited by staff as advising that such a reclassification is procedurally possible and could be implemented by a commissioners’ resolution.

A county staff member described that they are not deputized to enforce criminal statutes and said they were willing to take on civil enforcement duties if the commissioners adopted a resolution enabling civil penalties. The board carried a motion to recommend the reclassification by unanimous voice vote.

Board members discussed that a shift to civil enforcement would require the commissioners and county attorney to draft resolution language, decide fee levels and determine whether enforcement would be handled administratively (civil fines) or require other collection mechanisms. No fee amounts or enforcement protocol were set by the board; members agreed to forward the recommendation to the commissioners for drafting and action.

The board’s recommendation is advisory; any change in classification and the establishment of fines must be enacted by the Board of County Commissioners via resolution or ordinance.