Bill Text: IL SB3113 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. Makes changes to senior management official and executive officer provisions. In provisions concerning the delegation of duties by the board of directors, provides that the board of directors may delegate to the chief management official the hiring of employees other than the chief management official, including, without limitation, vice presidents and other officers (instead of just the hiring of employees other than the chief management official), and fixing their title, grade, and compensation (instead of just their compensation). Removes provisions concerning a credit union's authority to engage in digital asset business activity and perform custodial services. Provides that, when marketing or advertising digital assets, digital asset business activities conducted by covered persons or service providers (instead of digital asset business activities), and related administrative functions to the members of the credit union, the members shall receive the specified information. Makes changes to compliance requirements in provisions concerning the investment of credit union funds in commercial mortgage related securities and collateralized mortgage obligations. Effective immediately.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2026-07-10 - Public Act . . . . . . . . . 104-0567 [SB3113 Detail]

Download: Illinois-2025-SB3113-Enrolled.html

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SB3113 Enrolled LRB104 19645 BAB 33094 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Oil and Gas Act is amended by
changing Sections 1, 6, 8a, 8e, 14, and 26 as follows:
(225 ILCS 725/1) (from Ch. 96 1/2, par. 5401)
Sec. 1. Unless the context otherwise requires, the words
defined in this Section have the following meanings as used in
this Act.
"Department" means the Department of Natural Resources.
"Director" means the Director of Natural Resources.
"Drilling unit" means the surface area allocated by an
order or rule of the Department to the drilling of a single
well for the production of oil or gas from an individual pool.
"Enhanced recovery method" means any method used in an
effort to recover hydrocarbons from a pool by the injection of
fluids, gases, or other substances to maintain, restore, or
augment natural reservoir energy, or by introducing immiscible
or miscible gases, chemicals, or other substances, or heat, or
by in-situ combustion, or by any combination thereof.
"Field" means the same general surface area that is
underlaid or appears to be underlaid by one or more pools.
"Fresh water" means surface and subsurface water in its

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natural state useful as drinking water for human consumption,
domestic livestock, irrigation, industrial, municipal, and
recreational purposes, and that will support aquatic life and
contains less than 10,000 ppm of total dissolved solids.
"Person" means any natural person, corporation,
association, partnership, governmental agency or other legal
entity, receiver, trustee, guardian, executor, administrator,
fiduciary or representative of any kind.
"Oil" means natural crude oil or petroleum and other
hydrocarbons, regardless of gravity, which are produced at the
well in liquid form by ordinary production methods or by the
use of an oil and gas separator and which are not the result of
condensation of gas after it leaves the underground reservoir.
"Gas" means all natural gas, including casinghead gas, and
all other natural hydrocarbons not defined above as oil.
"Mineral owner's royalty" means the share of oil and gas
production reserved in an oil and gas lease, free of all costs
by an owner of the minerals, whether denominated royalty or
overriding royalty.
"Mining Board" means the State Mining Board in the
Department of Natural Resources Office of Mines and Minerals.
"Oil" means natural crude oil or petroleum and other
hydrocarbons, regardless of gravity, which are produced at the
well in liquid form by ordinary production methods or by the
use of an oil and gas separator, which are not the result of
condensation of gas after it leaves the underground reservoir.

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"Orphan well" means a well for which: (1) no fee
assessment under Section 19.7 of this Act has been paid or no
other bond coverage has been provided for 2 consecutive years;
(2) no oil or gas has been produced from the well or from the
lease or unit on which the well is located for 2 consecutive
years; and (3) no permittee or owner can be identified or
located by the Department. "Orphan well" includes a well that
has been drilled for purposes other than those for which a
permit is required under this Act if the well is a conduit for
oil or salt water intrusions into fresh water zones or onto the
surface, which may be caused by oil and gas operations.
"Owner" means the person who has the right to drill into
and produce from any pool and to appropriate the production
either for the person or for the person and another, others, or
solely for others, excluding the mineral owner's royalty, if
the right to drill and produce has been granted under an oil
and gas lease. "Owner" includes a person granted the right to
drill and operate an injection (Class II UIC) well independent
of the right to drill for and produce oil or gas. When the
right to drill, produce, and appropriate production is held by
more than one person, then all persons holding these rights
may designate the owner by a written operating agreement or
similar written agreement. In the absence of such an
agreement, and subject to the provisions of Sections 22.2 and
23.1 through 23.16 of this Act, the owner shall be the person
designated in writing by a majority of the persons in interest

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holding these rights.
"Permit" means the Department's written authorization
allowing a well to be drilled, deepened, converted, or
operated by an owner.
"Permittee" means the owner holding or required to hold
the permit, and who is also responsible for paying assessments
in accordance with Section 19.7 of this Act, and, where
applicable, executing and filing the bond associated with the
well as principal, and who is responsible for compliance with
all statutory and regulatory requirements pertaining to the
well.
When the right and responsibility for operating a well is
vested in a receiver or trustee appointed by a court of
competent jurisdiction, the permit shall be issued to the
receiver or trustee.
"Person" means any natural person, corporation,
association, partnership, governmental agency, including any
other legal entity, receiver, trustee, guardian, executor,
administrator, fiduciary, or representative of any kind.
"Pool" means a natural, underground reservoir containing
in whole or in part, a natural accumulation of oil or gas, or
both. Each productive zone or stratum of a general structure,
which is completely separated from any other zone or stratum
in the structure, is deemed a separate "pool" as used herein.
"Produced water" means water, regardless of chloride and
total dissolved solids content that is produced in conjunction

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with oil and natural gas production or natural gas storage
operations.
"Temporary abandonment status" means a well that has
received an authorization for temporary abandonment status
from the Department.
"Vacuum" means pressure that is reduced below the pressure
of the atmosphere.
"Field" means the same general surface area which is
underlaid or appears to be underlaid by one or more pools.
"Permit" means the Department's written authorization
allowing a well to be drilled, deepened, converted, or
operated by an owner.
"Permittee" means the owner holding or required to hold
the permit, and who is also responsible for paying assessments
in accordance with Section 19.7 of this Act and, where
applicable, executing and filing the bond associated with the
well as principal and who is responsible for compliance with
all statutory and regulatory requirements pertaining to the
well.
When the right and responsibility for operating a well is
vested in a receiver or trustee appointed by a court of
competent jurisdiction, the permit shall be issued to the
receiver or trustee.
"Orphan Well" means a well for which: (1) no fee
assessment under Section 19.7 of this Act has been paid or no
other bond coverage has been provided for 2 consecutive years;

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(2) no oil or gas has been produced from the well or from the
lease or unit on which the well is located for 2 consecutive
years; and (3) no permittee or owner can be identified or
located by the Department. Orphaned wells include wells that
may have been drilled for purposes other than those for which a
permit is required under this Act if the well is a conduit for
oil or salt water intrusions into fresh water zones or onto the
surface which may be caused by oil and gas operations.
"Owner" means the person who has the right to drill into
and produce from any pool, and to appropriate the production
either for the person or for the person and another, or others,
or solely for others, excluding the mineral owner's royalty if
the right to drill and produce has been granted under an oil
and gas lease. An owner may also be a person granted the right
to drill and operate an injection (Class II UIC) well
independent of the right to drill for and produce oil or gas.
When the right to drill, produce, and appropriate production
is held by more than one person, then all persons holding these
rights may designate the owner by a written operating
agreement or similar written agreement. In the absence of such
an agreement, and subject to the provisions of Sections 22.2
and 23.1 through 23.16 of this Act, the owner shall be the
person designated in writing by a majority in interest of the
persons holding these rights.
"Department" means the Department of Natural Resources.
"Director" means the Director of Natural Resources.

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"Mining Board" means the State Mining Board in the
Department of Natural Resources, Office of Mines and Minerals.
"Mineral Owner's Royalty" means the share of oil and gas
production reserved in an oil and gas lease free of all costs
by an owner of the minerals whether denominated royalty or
overriding royalty.
"Waste" means "physical waste" as that term is generally
understood in the oil and gas industry, and further includes:
(1) the locating, drilling, and producing of any oil
or gas well or wells drilled contrary to the valid order,
rules and regulations adopted by the Department under the
provisions of this Act;
(2) permitting the migration of oil, gas, or water
from the stratum in which it is found, into other strata,
thereby ultimately resulting in the loss of recoverable
oil, gas or both;
(3) the drowning with water of any stratum or part
thereof capable of producing oil or gas, except for
secondary recovery purposes;
(4) the unreasonable damage to underground, fresh or
mineral water supply, workable coal seams, or other
mineral deposits in the operations for the discovery,
development, production, or handling of oil and gas;
(5) the unnecessary or excessive surface loss or
destruction of oil or gas resulting from evaporation,
seepage, leakage or fire, especially such loss or

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destruction incident to or resulting from the escape of
gas into the open air in excessive or unreasonable
amounts, provided, however, it shall not be unlawful for
the operator or owner of any well producing both oil and
gas to burn such gas in flares when such gas is, under the
other provisions of this Act, lawfully produced, and where
there is no market at the well for such escaping gas; and
where the same is used for the extraction of casinghead
gas, it shall not be unlawful for the operator of the plant
after the process of extraction is completed, to burn such
residue in flares when there is no market at such plant for
such residue gas;
(6) permitting unnecessary fire hazards; and
(7) permitting unnecessary damage to or destruction of
the surface, soil, animal, fish or aquatic life or
property from oil or gas operations.
"Drilling Unit" means the surface area allocated by an
order or regulation of the Department to the drilling of a
single well for the production of oil or gas from an individual
pool.
"Enhanced Recovery Method" means any method used in an
effort to recover hydrocarbons from a pool by injection of
fluids, gases or other substances to maintain, restore or
augment natural reservoir energy, or by introducing immiscible
or miscible gases, chemicals, other substances or heat or by
in-situ combustion, or by any combination thereof.

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"Well-Site Equipment" means any production-related
equipment or materials specific to the well, including motors,
pumps, pump jacks, tanks, tank batteries, separators,
compressors, casing, tubing, and rods.
"Temporary abandonment status" means a well that has
received an authorization for temporary abandonment status
from the Department.
(Source: P.A. 102-1017, eff. 1-1-23.)
(225 ILCS 725/6) (from Ch. 96 1/2, par. 5409)
Sec. 6. The Department shall have the authority to conduct
hearings and to make such reasonable rules as may be necessary
from time to time in the proper administration and enforcement
of this Act, including the adoption of rules and the holding of
hearings for the following purposes:
(1) To require the drilling, casing and plugging of
wells to be done in such a manner as to prevent the
migration of oil or gas from one stratum to another; to
prevent the intrusion of water into oil, gas or coal
strata; to prevent the pollution of fresh water supplies
by oil, gas or salt water.
(2) To require the person desiring or proposing to
drill, deepen or convert any well for the exploration or
production of oil or gas, for injection or water supply in
connection with enhanced recovery projects, for the
disposal of salt water, brine, or other oil or gas field

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wastes, or for input, withdrawal, or observation in
connection with the storage of natural gas or other liquid
or gaseous hydrocarbons before commencing the drilling,
deepening or conversion of any such well, to make
application to the Department upon such form as the
Department may prescribe and to comply with the provisions
of this Section. The drilling, deepening or conversion of
any well is hereby prohibited until such application is
made and the applicant is issued a permit therefor as
provided by this Act. Each application for a well permit
shall include the following: (A) The exact location of the
well, (B) the name and address of the manager, operator,
contractor, driller, or any other person responsible for
the conduct of drilling operations, (C) the proposed depth
of the well, (D) lease ownership information, and (E) such
other relevant information as the Department may deem
necessary or convenient to effectuate the purposes of this
Act.
(2.5) Additionally, for each applicant who has not
been issued a permit that is (i) not of record with the
Department on the effective date of this amendatory Act of
the 104th General Assembly, or (ii) a permittee on record
with the Department but who has failed to make payments of
the assessments as required under Section 19.7 of this Act
at any time in the preceding 5 years of the application,
the permittee or applicant shall execute, as principal,

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and file with the Department a bond, executed by a surety
authorized to transact business in this State, in an
amount estimated to cover the cost of plugging the well
and restoring the well site and shall set at the following
rates:
(A) $10,000 for one well;
(B) $25,000 in total covering a blanket bond for
up to 10 wells;
(C) $50,000 in total covering a blanket bond for
up to 50 wells; or
(D) $100,000 in total covering a blanket bond for
up to 100 wells.
A blanket bond covering more than 100 wells shall be
increased to include the bond amount, as provided in this
paragraph (2.5), for the total number of wells more than
100 that are covered by the blanket bond. Such bond shall
be submitted to the Department before drilling, deepening,
converting, or operating any well for which a new or
transfer permit is required and that has not previously
been plugged and abandoned in accordance with the Act. The
Department shall release the bond if any of the following
are met:
(i) all wells covered by the bond are plugged and
all well sites are restored in accordance with this
Act and administrative rules;
(ii) all wells covered by the bond are transferred

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in accordance with this Act and administrative rules;
or
(iii) the permittee pays assessments to the
Department in accordance with Section 19.7 of this Act
for 5 consecutive years from the date of issuance of a
permit after the effective date of this amendatory Act
of the 104th General Assembly and the permittee is not
in violation of this Act or any administrative rules.
In lieu of a surety bond, the applicant may provide
certificates of deposit or irrevocable letters of credit
under such terms and conditions as the Department may
provide by rule.
The sureties on all bonds in effect on this amendatory
Act of the 104th General Assembly shall remain liable as
sureties in accordance with their undertakings until
released by the Department from further liability under
the Act. The principal on each bond in effect on the
effective date of this amendatory Act of the 104th General
Assembly shall be released from the obligation of
maintaining the bond if the well covered by a surety bond
has been plugged and the well site restored in accordance
with the Department's rules or the principal of the surety
has paid the initial assessment in accordance with Section
19.7 and no well or well site covered by the surety bond is
in violation of the Act.
No permit shall be issued to a corporation

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incorporated outside of Illinois until the corporation has
been authorized to do business in Illinois.
No permit shall be issued to an individual,
partnership, or other unincorporated entity that is not a
resident of Illinois until that individual, partnership,
or other unincorporated entity has irrevocably consented
to be sued in Illinois.
(3) To require the person assigning, transferring, or
selling any well for which a permit is required under this
Act to notify the Department of the change of ownership.
The notification shall be on a form prescribed by the
Department, shall be executed by the current permittee and
by the new permittee, or their authorized representatives,
and shall be filed with the Department within 30 days
after the effective date of the assignment, transfer or
sale. Within the 30-day 30 day notification period and
prior to operating the well, the new permittee shall pay
the required well transfer fee and, where applicable, file
with the Department the bond required under subsection
(2.5) of this Section.
(4) To require the filing with the State Geological
Survey of all geophysical logs, a well drilling report and
drill cuttings or cores, if cores are required, within 90
days after drilling ceases; and to file a completion
report with the Department within 30 days after the date
of first production following initial drilling or any

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reworking, or after the plugging of the well, if a dry
hole. A copy of each completion report submitted to the
Department shall be delivered to the State Geological
Survey. The Department and the State Geological Survey
shall keep the reports confidential, if requested in
writing by the permittee, for 2 years after the date the
permit is issued by the Department. This confidentiality
requirement shall not prohibit the use of the report for
research purposes, provided the State Geological Survey
does not publish specific data or identify the well to
which the completion report pertains.
(5) To prevent "blowouts", "caving" and "seepage" in
the same sense that conditions indicated by such terms are
generally understood in the oil and gas business.
(6) To prevent fires.
(7) To ascertain and identify the ownership of all oil
and gas wells, producing leases, refineries, tanks,
plants, structures, and all storage and transportation
equipment and facilities.
(8) To regulate the use of any enhanced recovery
method in oil pools and oil fields.
(9) To regulate or prohibit the use of vacuum,
including charging a vacuum permit application fee of up
to $300 per permit.
(10) To regulate the spacing of wells, the issuance of
permits, and the establishment of drilling units.

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(11) To regulate directional drilling of oil or gas
wells.
(12) To regulate the plugging of wells.
(13) To require that wells for which no logs or
unsatisfactory logs are supplied shall be completely
plugged with cement from bottom to top.
(14) To require a description in such form as is
determined by the Department of the method of well
plugging for each well, indicating the character of
material used and the positions and dimensions of each
plug.
(15) To prohibit waste, as defined in this Act.
(16) To require the keeping of such records, the
furnishing of such relevant information and the
performance of such tests as the Department may deem
necessary to carry into effect the purposes of this Act.
(17) To regulate the disposal of salt or
sulphur-bearing water and any oil field waste produced in
the operation of any oil or gas well.
(18) To prescribe rules, conduct inspections and
require compliance with health and safety standards for
the protection of persons working underground in
connection with any oil and gas operations. For the
purposes of this paragraph, oil and gas operations include
drilling or excavation, production operations, plugging or
filling in and sealing, or any other work requiring the

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presence of workers in shafts or excavations beneath the
surface of the earth. Rules promulgated by the Department
may include minimum qualifications of persons performing
tasks affecting the health and safety of workers
underground, minimum standards for the operation and
maintenance of equipment, and safety procedures and
precautions, and shall conform, as nearly as practicable,
to corresponding qualifications, standards and procedures
prescribed under the Coal Mining Act.
(19) To deposit the amount of any forfeited surety
bond or other security in the Plugging and Restoration
Fund, a special fund in the State treasury which is hereby
created; to deposit into the Fund any amounts collected,
reimbursed or recovered by the Department under Sections
19.5, 19.6 and 19.7 of this Act; to accept, receive, and
deposit into the Fund any grants, gifts or other funds
which may be made available from public or private sources
and all earnings received from investment of monies in the
Fund; and to make expenditures from the Fund for the
purposes of plugging, replugging or repairing any well,
and restoring the site of any well, determined by the
Department to be abandoned or ordered by the Department to
be plugged, replugged, repaired or restored under Sections
8a, 19 or 19.1 of this Act, including expenses in
administering the Fund.
For the purposes of this Act, the State Geological Survey

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shall co-operate with the Department in making available its
scientific and technical information on the oil and gas
resources of the State, and the Department shall in turn
furnish a copy to the State Geological Survey of all drilling
permits as issued, and such other drilling and operating data
received or secured by the Department which are pertinent to
scientific research on the State's mineral resources.
(Source: P.A. 104-150, eff. 1-1-26.)
(225 ILCS 725/8a) (from Ch. 96 1/2, par. 5413)
Sec. 8a. When an inspector or other authorized employee or
agent of the Department determines that any permittee, or any
person engaged in conduct or activities required to be
permitted under this Act, is in violation of any requirement
of this Act or the rules adopted hereunder or any permit
condition, or has falsified or otherwise misstated any
information on or relative to any application, permit,
required record, or other document required to be submitted to
the Department by this Act or any rules or procedures adopted
under this Act, a notice of violation shall be completed and
delivered to the Director or his designee.
The notice shall contain:
1. the nature of the violation;
2. the action needed to abate the violation, including
any appropriate remedial measures to prevent future
violation such as replacement, repair, testing and

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reworking a well and any appurtenances and equipment;
3. the time within which the violation is to be
abated; and
4. any factors known to the person completing the
notice of violation in aggravation or mitigation and the
existence of any factors indicating that the permit should
be conditioned or modified.
Upon receipt of a notice of violation, the Director shall
conduct his investigation and may affirm, vacate or modify the
notice of violation. In determining whether to take actions in
addition to remedial action necessary to abate a violation,
the Director shall consider the person's or permittee's
history of previous violations including violations at other
locations and under other permits, the seriousness of the
violation including any irreparable harm to the environment or
damage to property, the degree of culpability of the person or
permittee and the existence of any additional conditions or
factors in aggravation or mitigation including information
provided by the person or permittee.
The Director shall serve the person or permittee with his
decision at the conclusion of the investigation. Modification
of the notice of violation may include:
1. any different or additional remedial action
required to abate the violation and the time within which
the violation must be abated;
2. the assessment of civil penalties not to exceed

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$5,000 for each and every falsification or misstatement of
information and civil penalties not to exceed $4,000 per
and $1,000 a day for each and every act of violation not
including a falsification or misstatement of information;
3. probationary or permanent modification or
conditions on the permit which may include special
monitoring or reporting requirements; and
4. revocation of the permit.
The Director's decision shall provide that the person or
permittee has the right to request a hearing.
The Director's decision affirming, vacating or modifying
the notice of violation shall be considered served when mailed
by first class mail to the person or permittee at his last
known address.
A person or permittee shall have 30 days from the date of
service of the Director's decision to request a hearing. If
the Director's decision includes the assessment of a civil
penalty, the person or permittee charged with the penalty
shall pay the penalty in full or, if the person or permittee
wishes to contest either the amount of the penalty or the fact
of the violation, submit the assessed amount, with the request
for a hearing, to be held in escrow. The filing of a request
for a hearing shall not operate as a stay of the Director's
decision. All civil penalties finally assessed and paid to the
Department shall be deposited in the Underground Resources
Conservation Enforcement Fund.

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Any person who willfully or knowingly authorized, ordered,
or carried out any violation cited in the Director's decision
shall be subject to the same actions, including civil
penalties, which may be imposed on the person or permittee
under this Section.
Upon receipt of a request, the Department shall provide an
opportunity for a formal hearing upon not less than 5 days
notice. The hearing shall be conducted by the Director or
anyone designated by him for such purpose, and shall be
located and conducted in accordance with the rules of the
Department. Failure of the person or permittee to timely
request a hearing or, if a civil penalty has been assessed, to
timely tender the assessed civil penalty, shall constitute a
waiver of all legal rights to contest the Director's decision,
including the amount of any civil penalty. Within 30 days of
the close of the hearing record or expiration of the time to
request a hearing, the Department shall issue a final
administrative order.
If, at the expiration of the period of time originally
fixed in the Director's decision or in any subsequent
extension of time granted by the Department, the Department
finds that the violation has not been abated, it may
immediately order the cessation of operations or the portions
thereof relevant to the violation. Such cessation order shall
be served in the manner and within the time prescribed in
Section 19.1 of this Act.

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Pending the holding of any hearing or entry of a final
administrative order under this Section, the person or
permittee to whom the cessation order was issued may file a
written request for temporary relief subject to the same terms
and conditions as are provided for in Section 19.1 of this Act.
If the Department finds that a person or permittee has
failed to comply with a final administrative order, the
Department may immediately order the cessation of operations
or the portions thereof relevant to the final administrative
order. Such cessation order shall be served in the manner and
within the time prescribed in Section 19.1 of this Act. The
Department shall commence a hearing within 5 days after
issuance of a cessation order and shall conclude such hearing
without appreciable delay. At the hearing the Department shall
have the burden of proving that the person or permittee has not
complied with the final administrative order. A cessation
order issued under this paragraph shall continue in effect
until modified, vacated, or terminated by the Department.
The Department shall refuse to issue a permit or permits,
and shall revoke any permit or permits previously issued if:
(1) the applicant has falsified or otherwise misstated
any information on or relative to the permit application;
(2) the applicant has failed to abate a violation of
the Act specified in a final administrative decision of
the Department;
(3) an officer, director, partner, or person with an

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interest in the applicant exceeding 5% failed to abate a
violation of the Act specified in a final administrative
decision of the Department; or
(4) the applicant is an officer, director, partner, or
person with an interest exceeding 5% in another entity
that has failed to abate a violation of the Act specified
in a final administrative decision of the Department.
(Source: P.A. 99-137, eff. 1-1-16.)
(225 ILCS 725/8e)
Sec. 8e. Temporary abandonment status fees.
(a) The Department shall assess and collect annual fees of
$100 per well for each well that is in temporary abandonment
status.
(b) All annual fees collected pursuant to subsection (a)
shall be deposited into the Plugging and Restoration Fund, and
one-half of all such deposited fees shall be used solely for
the Landowner Grant Program. deposited as follows: (1)
one-half of all such fees shall be placed in the Plugging and
Restoration Fund; and (2) one-half of all such fees shall be
placed in the Landowner Grant Program.
(Source: P.A. 102-1017, eff. 1-1-23.)
(225 ILCS 725/14) (from Ch. 96 1/2, par. 5420)
Sec. 14. Each application for a permit to drill, deepen,
convert, or amend shall be accompanied by the required fee of

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$400. The fee for an application for a permit to oil lease road
shall be $150. A fee of $75 for the first 100 wells and $50 for
each well in excess of 100 shall be paid by the new owner for
each transfer of well ownership. Except for the assessments
required to be deposited in the Plugging and Restoration Fund
under Section 19.7 of this Act and any other deposits required
to be deposited in the Plugging and Restoration Fund under
this Act, all fees assessed and collected under this Act shall
be deposited in the Underground Resources Conservation
Enforcement Fund. The moneys monies deposited into the
Plugging and Restoration Fund or the Underground Resources
Conservation Enforcement Fund under this Section or deposited
into the Plugging and Restoration Fund under Section 26 shall
not be subject to administrative charges or chargebacks unless
otherwise authorized by this Act.
On and after July 1, 2022, any fees that are created by or
increased by this amendatory Act of the 102nd General Assembly
in this Section shall be deposited into the Plugging and
Restoration Fund.
(Source: P.A. 102-1017, eff. 1-1-23.)
(225 ILCS 725/26) (from Ch. 96 1/2, par. 5456)
Sec. 26. (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

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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

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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 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.
(Source: P.A. 85-1334.)