225 ILCS 725/26

(Text of Section before amendment by P.A. 104-567)

(a) Any person who violates any provision of this Act or any valid rule, regulation, permit or order of the Department made hereunder, or who repeats or continues the violation thereof, shall be subject to a civil penalty not to exceed $1,000 a day for each and every act of violation.

(b) Any person wilfully aiding or abetting any other person in the violation of any provision of this Act, or any rule, regulation and order made hereunder, shall be subject to the same penalties as are prescribed herein for the violation by such other person.

(Text of Section after amendment by P.A. 104-567)

(a) Any person who violates any provision of this Act or any valid rule, regulation, permit or order of the Department made hereunder, or who repeats or continues the violation thereof, shall be subject to a civil penalty not to exceed:

(1) $1,000 a day for each and every act of violation lasting 90 days or less.

(2) $2,000 a day for any violation lasting more than 90 days but less than 180 days.

(3) $4,000 a day for any violation lasting 180 days or more.

Any civil penalties that are assessed in excess of $1,000 per day shall be deposited into the Plugging and Restoration Fund.

Civil penalties may not be assessed until notice has been sent to the permittee. Such notice may be sent electronically at the time the notice of violation is sent to the Springfield office of the Department.

A permittee may notify the Department if an extraordinary circumstance prevents abatement of a violation for which civil penalties are sought to be assessed against the permittee. If the permittee notifies the Department, the permittee shall then provide evidence of the extraordinary circumstance to the Department, as set forth by rule. The assessment of a civil penalty shall not begin until the extraordinary circumstance terminates, as set forth by rule. The process to declare an extraordinary circumstance, the Department's review and approval of the extraordinary circumstance, and any appeal of the Department's determination shall be set by rule. An extraordinary circumstance shall include, but not be limited to, roads being posted with a weight limit that prevents the movement of equipment, wet field conditions that prevent mitigation activities, or flooding that prevents the movement of equipment for the abatement.

(b) Any person willfully aiding or abetting any other person in the violation of any provision of this Act, or any rule, regulation and order made hereunder, shall be subject to the same penalties as are prescribed herein for the violation by such other person.