Illinois Compiled Statutes
415 ILCS 5/ - Environmental Protection Act.
Title XII - Penalties

(415 ILCS 5/Tit. XII heading)

(415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
Sec. 42. Civil penalties.
(a) Except as provided in this Section, any person that violates any
provision of this Act or any regulation adopted by the Board, or any permit
or term or condition thereof, or that violates any order of the Board pursuant
to this Act, shall be liable for a civil penalty of not to exceed
$50,000 for the violation and an additional civil penalty of not to exceed
$10,000 for each day during which the violation continues; such penalties may,
upon order of the Board or a court of competent jurisdiction, be made payable
to the Environmental Protection Trust Fund, to be used in accordance with the
provisions of the Environmental Protection Trust Fund Act.
(b) Notwithstanding the provisions of subsection (a) of this Section:
(b.5) In lieu of the penalties set forth in subsections (a) and (b) of
this Section, any person who fails to file, in a timely manner, toxic
chemical release forms with the Agency pursuant to Section 25b-2
of this Act
shall be liable for a civil penalty of $100 per day for
each day the forms are
late, not to exceed a maximum total penalty of $6,000. This daily penalty
shall begin accruing on the thirty-first day after the
date that the person receives the warning notice issued by the Agency pursuant
to Section 25b-6 of this Act; and the penalty shall be paid to the Agency. The
daily accrual of penalties shall cease as of January 1 of the following year.
All penalties collected by the Agency pursuant to this subsection shall be
deposited into the Environmental Protection Permit and Inspection Fund.
(c) Any person that violates this Act, any rule or regulation adopted under
this Act, any permit or term or condition of a permit, or any Board order and
causes the death of fish
or aquatic life shall, in addition to the other penalties provided by
this Act, be liable to pay to the State an additional sum for the
reasonable value of the fish or aquatic life destroyed. Any money so
recovered shall be placed in the Wildlife and Fish Fund in the State
Treasury.
(d) The penalties provided for in this Section may be recovered in a
civil action.
(e) The State's Attorney of the county in which the violation
occurred, or the Attorney General, may, at the request of the Agency or
on his own motion, institute a civil action for an injunction, prohibitory or mandatory, to
restrain violations of this Act, any rule or regulation adopted under this Act,
any permit or term or condition of a permit, or any Board order, or to require such other actions as may be necessary to address violations of this Act, any rule or regulation adopted under this Act, any permit or term or condition of a permit, or any Board order.
(f) The State's Attorney of the county in which the violation
occurred, or the Attorney General, shall bring such actions in the name
of the people of the State of Illinois.
Without limiting any other authority which may exist for the awarding
of attorney's fees and costs, the Board or a court of competent
jurisdiction may award costs and reasonable attorney's fees, including the
reasonable costs of expert witnesses and consultants, to the State's
Attorney or the Attorney General in a case where he has prevailed against a
person who has committed a willful, knowing, or repeated violation of this Act,
any rule or regulation adopted under this Act, any permit or term or condition
of a permit, or any Board order.
Any funds collected under this subsection (f) in which the Attorney
General has prevailed shall be deposited in the
Hazardous Waste Fund created in Section 22.2 of this Act. Any funds
collected under this subsection (f) in which a State's Attorney has
prevailed shall be retained by the county in which he serves.
(g) All final orders imposing civil penalties pursuant to this Section
shall prescribe the time for payment of such penalties. If any such
penalty is not paid within the time prescribed, interest on such penalty
at the rate set forth in subsection (a) of Section 1003 of the Illinois Income
Tax Act, shall be paid for the period from the date payment is due until the
date payment is received. However, if the time for payment is stayed during
the pendency of an appeal, interest shall not accrue during such stay.
(h) In determining the appropriate civil penalty to be imposed under
subdivisions (a), (b)(1), (b)(2), (b)(3), (b)(5), (b)(6), or (b)(7) of this
Section, the Board is authorized to consider any matters of record in
mitigation or aggravation of penalty, including, but not limited to, the
following factors:
In determining the appropriate civil penalty to be imposed under subsection
(a) or paragraph (1), (2), (3), (5), (6), or (7) of subsection (b) of this Section, the
Board shall ensure, in all cases, that the penalty is at least as great as the
economic benefits, if any, accrued by the respondent as a result of the
violation, unless the Board finds that imposition of such penalty would result
in an arbitrary or unreasonable financial hardship. However, such civil
penalty
may be off-set in whole or in part pursuant to a supplemental
environmental project agreed to by the complainant and the respondent.
(i) A person who voluntarily self-discloses non-compliance to the Agency,
of which the Agency had been unaware, is entitled to a 100% reduction in the
portion of the penalty that is not based on the economic benefit of
non-compliance if the person can
establish the following:
If a person can establish all of the elements under this subsection except
the element set forth in paragraph (1) of this subsection, the person is
entitled to a 75% reduction in the portion of the penalty that is not based
upon the economic benefit of non-compliance.
For the purposes of this subsection (i), "small entity" has the same meaning as in Section 221 of the federal Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601).
(j) In addition to any other remedy or penalty that may
apply, whether civil or criminal, any person who violates Section 22.52 of this Act shall be liable for an additional civil penalty of up to 3 times the gross amount of any pecuniary gain resulting from the violation.
(k) In addition to any other remedy or penalty that may apply, whether civil or criminal, any person who violates subdivision (a)(7.6) of Section 31 of this Act shall be liable for an additional civil penalty of $2,000.
(Source: P.A. 102-310, eff. 8-6-21.)

(415 ILCS 5/43) (from Ch. 111 1/2, par. 1043)
Sec. 43.

(a) In circumstances of substantial danger to the environment or
to the public health of persons or to the welfare of persons where such
danger is to the livelihood of such persons, the State's Attorney or
Attorney General, upon request of the Agency or on his own motion, may
institute a civil action for an immediate injunction to halt any
discharge or other activity causing or contributing to the danger or to
require such other action as may be necessary. The court may issue an ex
parte order and shall schedule a hearing on the matter not later than 3
working days from the date of injunction.
(b) If any term or condition of an NPDES permit issued under this
Act for discharges from a publicly owned or publicly regulated sewage
works is violated, the use of the sewage works by a contaminant source
not using the works prior to a finding that the condition was violated:
(i) may be prohibited by the public body owning or regulating such
sewage works, pursuant to State law or local ordinance; or
(ii) may be prohibited or restricted under the provisions of Title
VIII of this Act; or
(iii) the State's Attorney of the county in which the violation
occurred, or the Attorney General, at the request of the Agency or on
his own motion, may proceed in a court of competent jurisdiction to
secure such relief.
(c) If an industrial user of a publicly owned or publicly regulated
sewage works is not in compliance with a system of user charges required
under State law or local ordinance or regulations or as a term or
condition of any NPDES permit issued under this Act to the sewage works
into which the user is discharging contaminants, the system of charges
may be enforced directly against the industrial user--
(i) by the public body owning or regulating such sewage works,
pursuant to State law or local ordinance; or
(ii) under the provisions of Title VIII of this Act; or
(iii) the State's Attorney of the county in which the violation
occurred, or the Attorney General, at the request of the Agency or on
his own motion, may proceed in a court of competent jurisdiction to
secure such relief.

(Source: P.A. 78-862.)

(415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
Sec. 44. Criminal acts; penalties.
(a) Except as otherwise provided in this Section, it shall be
a Class A misdemeanor to violate this Act or
regulations thereunder, or any permit or term or condition thereof, or
knowingly to submit any false information under this Act or regulations
adopted thereunder, or under any permit or term or condition thereof.
A court may, in addition to any other penalty herein imposed, order a person
convicted of any violation of this Act to perform
community service for not less than 100 hours and not more than 300 hours if
community service is available in the jurisdiction.
It shall be the duty of all State and local law-enforcement officers to
enforce such Act and regulations, and all such officers shall have
authority to issue citations for such violations.
(b) Calculated Criminal Disposal of Hazardous Waste.
(c) Criminal Disposal of Hazardous Waste.
(d) Unauthorized Use of Hazardous Waste.
(e) Unlawful Delivery of Hazardous Waste.
(f) Reckless Disposal of Hazardous Waste.
(g) Concealment of Criminal Disposal of Hazardous Waste.
(h) Violations; False Statements.
(i) Verification.
(j) Violations of Other Provisions.
(k) Criminal operation of a hazardous waste or PCB incinerator.
(l) It shall be the duty of all State and local law enforcement officers
to enforce this Act and the regulations adopted hereunder, and all such
officers shall have authority to issue citations for such violations.
(m) Any action brought under this Section shall be brought by the
State's Attorney of the county in which the violation occurred, or by the
Attorney General, and shall be conducted in accordance with the applicable
provisions of the Code of Criminal Procedure of 1963.
(n) For an offense described in this Section, the period for
commencing prosecution prescribed by the statute of limitations shall not
begin to run until the offense is discovered by or reported to a State or
local agency having the authority to investigate violations of this Act.
(o) In addition to any other penalties provided under this
Act, if a person is convicted of (or agrees to a settlement in an enforcement
action over) illegal dumping of waste on the person's own property, the
Attorney General, the Agency, or local prosecuting authority shall file notice
of the conviction, finding, or agreement in the office of the Recorder in the
county in which the landowner lives.
(p) Criminal Disposal of Waste.
(q) Criminal Damage to a Public Water Supply.
(r) Aggravated Criminal Damage to a Public Water Supply.

(415 ILCS 5/44.1)
Sec. 44.1.
(a) In addition to all other civil and criminal penalties
provided by law, any person convicted of a criminal violation of this Act
or the regulations adopted thereunder shall forfeit to the State
(1) an amount equal to the value of all profits earned, savings realized,
and benefits incurred as a direct or indirect result of such violation, and
(2) any vehicle or conveyance used in the perpetration of such violation,
except as provided in subsection (b).
(b) Forfeiture of conveyances shall be subject to the following exceptions:
(c) Except as provided in subsection (d), all property subject to
forfeiture under this Section shall be seized pursuant to the order of a circuit court.
(d) Property subject to forfeiture under this Section may be seized by
the Director or any peace officer without process:
(e) Property taken or detained under this Section shall not be subject
to eviction or replevin, but is deemed to be in the
custody of the Director subject only to the order and judgments of the
circuit court having jurisdiction over the forfeiture proceedings. When
property is seized under this Act, the Director may:
(f) All amounts forfeited under item (1) of subsection (a) shall be
apportioned in the following manner:
Any funds received under this subsection (f) shall be used solely for the
enforcement of the environmental protection laws of this State.
(g) When property is forfeited under this Section the court may order:
(h) Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act.
(Source: P.A. 100-173, eff. 1-1-18; 100-512, eff. 7-1-18; 100-863, eff. 8-14-18.)

(415 ILCS 5/45) (from Ch. 111 1/2, par. 1045)
Sec. 45.
Injunctive and other relief.
(a) No existing civil or criminal remedy for any wrongful
action shall be excluded or impaired by this Act. Nothing in this Act shall
be construed to limit or supersede the provisions of the Illinois Oil and
Gas Act and the powers therein granted to prevent the intrusion of water into
oil, gas or coal strata and to prevent the pollution of fresh water supplies by
oil, gas or salt water or oil field wastes, except that water quality standards
as set forth by the Pollution Control Board apply to and are effective within
the areas covered by and affected by permits issued by the Department of
Natural Resources. However, if the Department of Natural Resources fails to
act upon any complaint within a period of 10 working days following the receipt
of a complaint by the Department, the Environmental Protection Agency may
proceed under the provisions of this Act.
(b) Any person adversely affected in fact by a violation of this Act,
any rule or regulation adopted under this Act, any permit or term or
condition of a permit, or any Board order may sue for injunctive relief
against such violation. However, except as provided in subsections (d) and (e), no action shall be brought under this Section
until 30 days after the plaintiff has been denied relief by the Board in a
proceeding brought under subdivision (d)(1) of Section
31 of this Act. The prevailing party shall be awarded costs and reasonable
attorneys' fees.
(c) Nothing in Section 39.4 of this Act shall limit the authority
of the Agency to proceed with enforcement under the provisions of this Act
for violations of terms and conditions of an endorsed agrichemical facility
permit, an endorsed lawncare containment permit, or this Act or regulations
hereunder caused or threatened by an agrichemical facility or a lawncare wash
water containment area, provided that prior notice is given to the Department
of Agriculture which provides that Department an opportunity to respond as
appropriate.
(d) If the State brings an action under this Act against a person
with an interest in real property upon which the person is alleged to have
allowed open dumping or open burning by a third party in violation of this
Act, which action seeks to compel the defendant to remove the waste or
otherwise clean up the site, the defendant may, in the manner provided by
law for third-party complaints, bring in as a third-party defendant a
person who with actual knowledge caused or contributed to the illegal open
dumping or open burning, or who is or may be liable for all or part of the
removal and cleanup costs. The court may include any of the parties which
it determines to have, with actual knowledge, allowed, caused or
contributed to the illegal open dumping or open burning in any order that
it may issue to compel removal of the waste and cleanup of the site, and
may apportion the removal and cleanup costs among such parties, as it deems
appropriate. However, a person may not seek to recover any fines or civil
penalties imposed upon him under this Act from a third-party defendant in
an action brought under this subsection.
(e) A final order issued by the Board pursuant to Section 33 of this
Act may be enforced through a civil action for injunctive or other relief
instituted by a person who was a party to the Board enforcement proceeding
in which the Board issued the final order.

(Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03.)