SB 2743

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Full Text of SB2743
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	SB2743 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2743
Introduced 1/13/2026, by Sen. Laura M. Murphy
SYNOPSIS AS INTRODUCED:
415 ILCS 5/42	  from Ch. 111 1/2, par. 1042
415 ILCS 5/52.15 new
Amends the Environmental Protection Act. Provides that no person shall release or cause or organize the release of helium or lighter-than-air gas balloons into the air unless the balloons are (1) used by an institution of higher education or a governmental agency, or pursuant to a governmental contract, for bona fide scientific or meteorological purposes, (2) released indoors and remain indoors, or (3) used for the safe operation of a hot air balloon. Provides that persons who violate the amendatory Act's provisions shall be subject to a warning for a first violation, a civil penalty of $500 for a second violation, and a civil penalty of up to $1,000 for a third or subsequent violation, and that the release of 50 balloons or fewer at one time is a single offense.
LRB104 16382 BDA 29771 b
A BILL FOR
		SB2743		LRB104 16382 BDA 29771 b
1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Environmental Protection Act is amended by
5changing Section 42 and by adding Section 52.15 as follows:
6    (415 ILCS 5/42)  (from Ch. 111 1/2, par. 1042)
7    Sec. 42. Civil penalties.
8    (a) Except as provided in this Section, any person that
9violates any provision of this Act or any regulation adopted
10by the Board, or any permit or term or condition thereof, or
11that violates any order of the Board pursuant to this Act,
12shall be liable for a civil penalty not to exceed $100,000 for
13the violation and an additional civil penalty not to exceed
14$25,000 for each day during which the violation continues;
15such penalties may, upon order of the Board or a court of
16competent jurisdiction, be made payable to the Environmental
17Protection Trust Fund, to be used in accordance with the
18provisions of the Environmental Protection Trust Fund Act. The
19maximum penalties set forth in this subsection shall be
20increased as provided for in subsection (l).
21    (b) Notwithstanding the provisions of subsection (a) of
22this Section:
23        (1) Any person that violates Section 12(f) of this Act
		SB2743	- 2 -	LRB104 16382 BDA 29771 b
1    or any NPDES permit or term or condition thereof, or any
2    filing requirement, regulation or order relating to the
3    NPDES permit program, shall be liable to a civil penalty
4    of not to exceed $25,000 per day of violation. The maximum
5    penalties set forth in this paragraph shall be increased
6    as provided for in subsection (l).
7        (2) Any person that violates Section 12(g) of this Act
8    or any UIC permit or term or condition thereof, or any
9    filing requirement, regulation or order relating to the
10    State UIC program for all wells, except Class II wells as
11    defined by the Board under this Act, shall be liable to a
12    civil penalty not to exceed $5,000 per day of violation;
13    provided, however, that any person who commits such
14    violations relating to the State UIC program for Class II
15    wells, as defined by the Board under this Act, shall be
16    liable to a civil penalty of not to exceed $25,000 for the
17    violation and an additional civil penalty of not to exceed
18    $2,000 for each day during which the violation continues.
19    The maximum penalties set forth in this paragraph shall be
20    increased as provided for in subsection (l).
21        (3) Any person that violates Sections 21(f), 21(g),
22    21(h) or 21(i) of this Act, or any RCRA permit or term or
23    condition thereof, or any filing requirement, regulation
24    or order relating to the State RCRA program, shall be
25    liable to a civil penalty of not to exceed $50,000 per day
26    of violation. The maximum penalties set forth in this
		SB2743	- 3 -	LRB104 16382 BDA 29771 b
1    paragraph shall be increased as provided for in subsection
2    (l).
3        (4) In an administrative citation action under Section
4    31.1 of this Act, any person found to have violated any
5    provision of subsection (o) of Section 21 of this Act
6    shall pay a civil penalty of $500 for each violation of
7    each such provision, plus any hearing costs incurred by
8    the Board and the Agency. Such penalties shall be made
9    payable to the Environmental Protection Trust Fund, to be
10    used in accordance with the provisions of the
11    Environmental Protection Trust Fund Act; except that if a
12    unit of local government issued the administrative
13    citation, 50% of the civil penalty shall be payable to the
14    unit of local government.
15        (4-5) In an administrative citation action under
16    Section 31.1 of this Act, any person found to have
17    violated any provision of subsection (p) of Section 21,
18    Section 22.38, Section 22.51, Section 22.51a, or
19    subsection (k) of Section 55 of this Act shall pay a civil
20    penalty of $1,500 for each violation of each such
21    provision, plus any hearing costs incurred by the Board
22    and the Agency, except that the civil penalty amount shall
23    be $3,000 for each violation of any provision of
24    subsection (p) of Section 21, Section 22.38, Section
25    22.51, Section 22.51a, or subsection (k) of Section 55
26    that is the person's second or subsequent adjudication
		SB2743	- 4 -	LRB104 16382 BDA 29771 b
1    violation of that provision. The penalties shall be
2    deposited into the Environmental Protection Trust Fund, to
3    be used in accordance with the provisions of the
4    Environmental Protection Trust Fund Act; except that if a
5    unit of local government issued the administrative
6    citation, 50% of the civil penalty shall be payable to the
7    unit of local government.
8        (5) Any person who violates subsection 6 of Section
9    39.5 of this Act or any CAAPP permit, or term or condition
10    thereof, or any fee or filing requirement, or any duty to
11    allow or carry out inspection, entry or monitoring
12    activities, or any regulation or order relating to the
13    CAAPP shall be liable for a civil penalty not to exceed
14    $25,000 per day of violation. The maximum penalties set
15    forth in this paragraph shall be increased as provided for
16    in subsection (l).
17        (6) Any owner or operator of a community water system
18    that violates subsection (b) of Section 18.1 or subsection
19    (a) of Section 25d-3 of this Act shall, for each day of
20    violation, be liable for a civil penalty not to exceed $10
21    for each of the premises connected to the affected
22    community water system.
23        (7) Any person who violates Section 52.5 of this Act
24    shall be liable for a civil penalty of up to $2,500 for the
25    first violation of that Section and a civil penalty of up
26    to $5,000 for a second or subsequent violation of that
		SB2743	- 5 -	LRB104 16382 BDA 29771 b
1    Section.
2        (8) Any person who violates Section 52.10 of this Act 
3    shall receive a warning from the Agency for the first 
4    violation of that Section and shall be liable for a civil 
5    penalty of up to $500 for the second violation of that 
6    Section and a civil penalty of up to $1,000 for a third or 
7    subsequent violation of that Section. The release of up to 
8    50 balloons shall be considered a single offense under 
9    that Section. The release of more than 50 balloons shall 
10    constitute a separate violation for every 50 balloons 
11    released.
12    (b.5) In lieu of the penalties set forth in subsections
13(a) and (b) of this Section, any person who fails to file, in a
14timely manner, toxic chemical release forms with the Agency
15pursuant to Section 25b-2 of this Act shall be liable for a
16civil penalty of $500 per day for each day the forms are late,
17not to exceed a maximum total penalty of $10,000. This daily
18penalty shall begin accruing on the thirty-first day after the
19date that the person receives the warning notice issued by the
20Agency pursuant to Section 25b-6 of this Act; and the penalty
21shall be paid to the Agency. The daily accrual of penalties
22shall cease as of January 1 of the following year. All
23penalties collected by the Agency pursuant to this subsection
24shall be deposited into the Environmental Protection Permit
25and Inspection Fund.
26    (c) Any person that violates this Act, any rule or
		SB2743	- 6 -	LRB104 16382 BDA 29771 b
1regulation adopted under this Act, any permit or term or
2condition of a permit, or any Board order and causes the death
3of fish or aquatic life shall, in addition to the other
4penalties provided by this Act, be liable to pay to the State
5an additional sum for the reasonable value of the fish or
6aquatic life destroyed. Any money so recovered shall be placed
7in the Wildlife and Fish Fund in the State Treasury.
8    (d) The penalties provided for in this Section may be
9recovered in a civil action.
10    (e) The State's Attorney of the county in which the
11violation occurred, or the Attorney General, may, at the
12request of the Agency or on his own motion, institute a civil
13action for an injunction, prohibitory or mandatory, to
14restrain violations of this Act, any rule or regulation
15adopted under this Act, any permit or term or condition of a
16permit, or any Board order, or to require such other actions as
17may be necessary to address violations of this Act, any rule or
18regulation adopted under this Act, any permit or term or
19condition of a permit, or any Board order.
20    (f) The State's Attorney of the county in which the
21violation occurred, or the Attorney General, shall bring such
22actions in the name of the people of the State of Illinois.
23Without limiting any other authority which may exist for the
24awarding of attorney's fees and costs, the Board or a court of
25competent jurisdiction may award costs and reasonable
26attorney's fees, including the reasonable costs of expert
		SB2743	- 7 -	LRB104 16382 BDA 29771 b
1witnesses and consultants, to the State's Attorney or the
2Attorney General in a case where he has prevailed against a
3person who has committed a willful, knowing, or repeated
4violation of this Act, any rule or regulation adopted under
5this Act, any permit or term or condition of a permit, or any
6Board order.
7    Any funds collected under this subsection (f) in which the
8Attorney General has prevailed shall be deposited in the
9Hazardous Waste Fund created in Section 22.2 of this Act. Any
10funds collected under this subsection (f) in which a State's
11Attorney has prevailed shall be retained by the county in
12which he serves.
13    (g) All final orders imposing civil penalties pursuant to
14this Section shall prescribe the time for payment of such
15penalties. If any such penalty is not paid within the time
16prescribed, interest on such penalty at the rate set forth in
17subsection (a) of Section 1003 of the Illinois Income Tax Act,
18shall be paid for the period from the date payment is due until
19the date payment is received. However, if the time for payment
20is stayed during the pendency of an appeal, interest shall not
21accrue during such stay.
22    (h) In determining the appropriate civil penalty to be
23imposed under subdivisions (a), (b)(1), (b)(2), (b)(3),
24(b)(5), (b)(6), or (b)(7) of this Section, the Board is
25authorized to consider any matters of record in mitigation or
26aggravation of penalty, including, but not limited to, the
		SB2743	- 8 -	LRB104 16382 BDA 29771 b
1following factors:
2        (1) the duration and gravity of the violation;
3        (2) the presence or absence of due diligence on the
4    part of the respondent in attempting to comply with
5    requirements of this Act and regulations thereunder or to
6    secure relief therefrom as provided by this Act;
7        (3) any economic benefits accrued by the respondent
8    because of delay in compliance with requirements, in which
9    case the economic benefits shall be determined by the
10    lowest cost alternative for achieving compliance;
11        (4) the amount of monetary penalty which will serve to
12    deter further violations by the respondent and to
13    otherwise aid in enhancing voluntary compliance with this
14    Act by the respondent and other persons similarly subject
15    to the Act;
16        (5) the number, proximity in time, and gravity of
17    previously adjudicated violations of this Act by the
18    respondent;
19        (6) whether the respondent voluntarily self-disclosed,
20    in accordance with subsection (i) of this Section, the
21    non-compliance to the Agency;
22        (7) whether the respondent has agreed to undertake a
23    "supplemental environmental project", which means an
24    environmentally beneficial project that a respondent
25    agrees to undertake in settlement of an enforcement action
26    brought under this Act, but which the respondent is not
		SB2743	- 9 -	LRB104 16382 BDA 29771 b
1    otherwise legally required to perform; and
2        (8) whether the respondent has successfully completed
3    a Compliance Commitment Agreement under subsection (a) of
4    Section 31 of this Act to remedy the violations that are
5    the subject of the complaint.
6    In determining the appropriate civil penalty to be imposed
7under subsection (a) or paragraph (1), (2), (3), (5), (6), or
8(7) of subsection (b) of this Section, the Board shall ensure,
9in all cases, that the penalty is at least as great as the
10economic benefits, if any, accrued by the respondent as a
11result of the violation, unless the Board finds that
12imposition of such penalty would result in an arbitrary or
13unreasonable financial hardship. However, such civil penalty
14may be off-set in whole or in part pursuant to a supplemental
15environmental project agreed to by the complainant and the
16respondent.
17    (i) A person who voluntarily self-discloses non-compliance
18to the Agency, of which the Agency had been unaware, is
19entitled to a 100% reduction in the portion of the penalty that
20is not based on the economic benefit of non-compliance if the
21person can establish the following:
22        (1) that either the regulated entity is a small entity
23    or the non-compliance was discovered through an
24    environmental audit or a compliance management system
25    documented by the regulated entity as reflecting the
26    regulated entity's due diligence in preventing, detecting,
		SB2743	- 10 -	LRB104 16382 BDA 29771 b
1    and correcting violations;
2        (2) that the non-compliance was disclosed in writing
3    within 30 days of the date on which the person discovered
4    it;
5        (3) that the non-compliance was discovered and
6    disclosed prior to:
7            (i) the commencement of an Agency inspection,
8        investigation, or request for information;
9            (ii) notice of a citizen suit;
10            (iii) the filing of a complaint by a citizen, the
11        Illinois Attorney General, or the State's Attorney of
12        the county in which the violation occurred;
13            (iv) the reporting of the non-compliance by an
14        employee of the person without that person's
15        knowledge; or
16            (v) imminent discovery of the non-compliance by
17        the Agency;
18        (4) that the non-compliance is being corrected and any
19    environmental harm is being remediated in a timely
20    fashion;
21        (5) that the person agrees to prevent a recurrence of
22    the non-compliance;
23        (6) that no related non-compliance events have
24    occurred in the past 3 years at the same facility or in the
25    past 5 years as part of a pattern at multiple facilities
26    owned or operated by the person;
		SB2743	- 11 -	LRB104 16382 BDA 29771 b
1        (7) that the non-compliance did not result in serious
2    actual harm or present an imminent and substantial
3    endangerment to human health or the environment or violate
4    the specific terms of any judicial or administrative order
5    or consent agreement;
6        (8) that the person cooperates as reasonably requested
7    by the Agency after the disclosure; and
8        (9) that the non-compliance was identified voluntarily
9    and not through a monitoring, sampling, or auditing
10    procedure that is required by statute, rule, permit,
11    judicial or administrative order, or consent agreement.
12    If a person can establish all of the elements under this
13subsection except the element set forth in paragraph (1) of
14this subsection, the person is entitled to a 75% reduction in
15the portion of the penalty that is not based upon the economic
16benefit of non-compliance.
17    For the purposes of this subsection (i), "small entity"
18has the same meaning as in Section 221 of the federal Small
19Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C.
20601).
21    (j) In addition to any other remedy or penalty that may
22apply, whether civil or criminal, any person who violates
23Section 22.52 of this Act shall be liable for an additional
24civil penalty of up to 3 times the gross amount of any
25pecuniary gain resulting from the violation.
26    (k) In addition to any other remedy or penalty that may
		SB2743	- 12 -	LRB104 16382 BDA 29771 b
1apply, whether civil or criminal, any person who violates
2subdivision (a)(7.6) of Section 31 of this Act shall be liable
3for an additional civil penalty of $2,000.
4    (l) As used in this Section, "consumer price index-u"
5means the index published by the Bureau of Labor Statistics of
6the United States Department of Labor that measures the
7average change in prices of goods and services purchased by
8all urban consumers, United States city average, all items,
91982-84 = 100. On July 1, 2026 and July 1 of each year
10thereafter, the maximum penalties set forth in subsection (a)
11and paragraphs (1), (2), (3), and (5) of subsection (b) shall
12each be increased by an amount equal to the annual unadjusted
13percentage increase in the consumer price index-u for the 12
14months ending with the March preceding each July 1, including
15all previous adjustments.
16(Source: P.A. 104-6, eff. 6-16-25.)
17    (415 ILCS 5/52.15 new)
18    Sec. 52.15. Release of balloons.
19    (a) In this Section:
20    "Balloon" means any inflatable object manufactured from 
21plastic, latex, rubber, or mylar that is filled with a 
22lighter-than-air gas, such as helium. "Balloon" does not 
23include hot air balloons used to carry human passengers.
24    "Institution of higher education" means a nonpublic 
25institution of higher education or a public institution of 
		SB2743	- 13 -	LRB104 16382 BDA 29771 b
1higher education, as those terms are defined in Section 2 of 
2the Higher Education Cooperation Act.
3    (b) No person shall release or cause or organize the 
4release of balloons into the air.
5    (c) This Section does not apply to the following:
6        (1) Balloons used by an institution of higher 
7    education or a governmental agency, or pursuant to a 
8    governmental contract, for bona fide scientific or 
9    meteorological purposes.
10        (2) Balloons that are released indoors and remain 
11    indoors.
12        (3) The release of a helium balloon used for the safe 
13    operation of a hot air balloon.