MAKE POLLUTERS PAY ACT

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3362

Introduced 2/4/2026, by Sen. Mike Simmons

SYNOPSIS AS INTRODUCED:

410 ILCS 720/65
415 ILCS 151/1-50
415 ILCS 175/70

Creates the Make Polluters Pay Act. Amends the Drug Take-Back Act.
Provides that any person who violates the act is liable for a civil penalty
of $10,000 (rather than $7,000). Amends the Consumer Electronics Recycling
Act. Provides that any person who violates the Act is liable for a civil
penalty of $10,000 (rather than $7,000) Amends the Paint Stewardship Act.
Provides that any person who violates the Act is liable for a civil penalty
of $10,000 (rather than $7,000).
LRB104 19569 BDA 33017 b

A BILL FOR

SB3362
LRB104 19569 BDA 33017 b
1

AN ACT concerning Safety.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Drug Take-Back Act is amended by changing
5
Section 65 as follows:

6

(410 ILCS 720/65)
7

Sec. 65.
Rules; enforcement; penalties.
8

(a) The Agency may adopt any rules it deems necessary to
9
implement and administer this Act.
10

(b) Except as otherwise provided in this Act, any person
11
who violates any provision of this Act is liable for a civil
12
penalty of
$10,000

$7,000
per violation per day, provided that
13
the penalty for failure to register or pay a fee under this Act
14
shall be double the applicable registration fee.
15

(c) The penalties provided for in this Section may be
16
recovered in a civil action brought in the name of the People
17
of the State of Illinois by the State's Attorney of the county
18
in which the violation occurred or by the Attorney General.
19
Any penalties collected under this Section in an action in
20
which the Attorney General has prevailed shall be deposited in
21
the Environmental Protection Trust Fund.
22

(d) The Attorney General or the State's Attorney of a
23
county in which a violation occurs may institute a civil

SB3362
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LRB104 19569 BDA 33017 b
1
action for an injunction, prohibitory or mandatory, to
2
restrain violations of this Act or to require such actions as
3
may be necessary to address violations of this Act.
4

(e) The penalties and injunctions provided in this Act are
5
in addition to any penalties, injunctions, or other relief
6
provided under any other law. Nothing in this Act bars a cause
7
of action by the State for any other penalty, injunction, or
8
other relief provided by any other law.
9

(f) Any person who knowingly makes a false, fictitious, or
10
fraudulent material statement, orally or in writing, to the
11
Agency, related to or required by this Act or any rule adopted
12
under this Act commits a Class 4 felony, and each such
13
statement or writing shall be considered a separate Class 4
14
felony. A person who, after being convicted under this
15
subsection (f), violates this subsection (f) a second or
16
subsequent time, commits a Class 3 felony.
17
(Source: P.A. 102-1055, eff. 6-10-22.)

18

Section 10.
The Consumer Electronics Recycling Act is
19
amended by changing Section 1-50 as follows:

20

(415 ILCS 151/1-50)
21

(Section scheduled to be repealed on December 31, 2031)
22

Sec. 1-50.
Penalties.
23

(a) Except as otherwise provided in this Act, any person
24
who violates any provision of this Act is liable for a civil

SB3362
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LRB104 19569 BDA 33017 b
1
penalty of
$10,000

$7,000
per violation, provided that the
2
penalty for failure to register or pay a fee under this Act
3
shall be double the applicable registration fee.
4

(b) The penalties provided for in this Section may be
5
recovered in a civil action brought in the name of the people
6
of the State of Illinois by the State's Attorney of the county
7
in which the violation occurred or by the Attorney General.
8
Any penalties collected under this Section in an action in
9
which the Attorney General has prevailed shall be deposited in
10
the Environmental Protection Trust Fund, to be used in
11
accordance with the provisions of the Environmental Protection
12
Trust Fund Act.
13

(c) The Attorney General or the State's Attorney of a
14
county in which a violation occurs may institute a civil
15
action for an injunction, prohibitory or mandatory, to
16
restrain violations of this Act or to require such actions as
17
may be necessary to address violations of this Act.
18

(d) A fine imposed by administrative citation pursuant to
19
Section 1-55 of this Act shall be $1,000 per violation, plus
20
any hearing costs incurred by the Illinois Pollution Control
21
Board and the Agency. Such fines shall be made payable to the
22
Environmental Protection Trust Fund to be used in accordance
23
with the Environmental Protection Trust Fund Act.
24

(e) The penalties and injunctions provided in this Act are
25
in addition to any penalties, injunctions, or other relief
26
provided under any other law. Nothing in this Act bars a cause

SB3362
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LRB104 19569 BDA 33017 b
1
of action by the State for any other penalty, injunction, or
2
other relief provided by any other law.
3

(f) A knowing violation of subsections (a), (b), or (c) of
4
Section 1-83 of this Act by anyone other than a residential
5
consumer is a petty offense punishable by a fine of $500. A
6
knowing violation of subsections (a), (b), or (c) of Section
7
1-83 by a residential consumer is a petty offense punishable
8
by a fine of $25 for a first violation; however, a subsequent
9
violation by a residential consumer is a petty offense
10
punishable by a fine of $50.
11

(g) Any person who knowingly makes a false, fictitious, or
12
fraudulent material statement, orally or in writing, to the
13
Agency, related to or required by this Act or any rule adopted
14
under this Act commits a Class 4 felony, and each such
15
statement or writing shall be considered a separate Class 4
16
felony. A person who, after being convicted under this
17
subsection (g), violates this subsection (g) a second or
18
subsequent time, commits a Class 3 felony.
19
(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17
.)

20

Section 15.
The Paint Stewardship Act is amended by
21
changing Section 70 as follows:

22

(415 ILCS 175/70)
23

Sec. 70.
Penalties.
24

(a) Any person who violates any provision of this Act is

SB3362
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LRB104 19569 BDA 33017 b
1
liable for a civil penalty of
$10,000

$7,000
per violation,
2
except that the failure to register or pay a fee under this Act
3
shall cause the person who fails to register or pay the fee to
4
be liable for a civil penalty that is double the applicable
5
registration fee.
6

(b) The penalties provided for in this Section may be
7
recovered in a civil action brought in the name of the people
8
of the State of Illinois by the State's Attorney of the county
9
in which the violation occurred or by the Attorney General.
10
Any penalties collected under this Section in an action in
11
which the Attorney General has prevailed shall be deposited
12
into the Environmental Protection Trust Fund, to be used in
13
accordance with the provision of the Environmental Protection
14
Trust Fund Act.
15

(c) The Attorney General or the State's Attorney of a
16
county in which a violation occurs may institute a civil
17
action for an injunction, prohibitory or mandatory, to
18
restrain violations of this Act or to require such actions as
19
may be necessary to address violations of this Act.
20

(d) The penalties and injunctions provided in this Act are
21
in addition to any penalties, injunctions, or other relief
22
provided under any other State law. Nothing in this Act bars a
23
cause of action by the State for any other penalty,
24
injunction, or other relief provided by any other law.
25

(e) Any person who knowingly makes a false, fictitious, or
26
fraudulent material statement, orally or in writing, to the

SB3362
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LRB104 19569 BDA 33017 b
1
Agency, related to or required by this Act or any rule adopted
2
under this Act commits a Class 4 felony, and each such
3
statement or writing shall be considered a separate Class 4
4
felony. A person who, after being convicted under this
5
subsection, violates this subsection a second or subsequent
6
time commits a Class 3 felony.
7
(Source: P.A. 103-372, eff. 1-1-24
.)

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