ILCS » Chapter 415 · Act 5
Illinois Compiled Statutes

415 ILCS 5/2 (2026)

(a) The General Assembly finds:         (i) that environmental damage seriously endangers the     public health and welfare, as more specifically described in later sections of this Act;         (ii) that because environmental damage does not     respect political boundaries, it is necessary to establish a unified state-wide program for environmental protection and to cooperate fully with other States and with the United States in protecting the environment;         (iii) that air, water, and other resource pollution,     public water supply, solid waste disposal, noise, and other environmental problems are closely interrelated and must be dealt with as a unified whole in order to safeguard the environment;         (iv) that it is the obligation of the State     Government to manage its own activities so as to minimize environmental damage; to encourage and assist local governments to adopt and implement environmental-protection programs consistent with this Act; to promote the development of technology for environmental protection and conservation of natural resources; and in appropriate cases to afford financial assistance in preventing environmental damage;         (v) that in order to alleviate the burden on     enforcement agencies, to assure that all interests are given a full hearing, and to increase public participation in the task of protecting the environment, private as well as governmental remedies must be provided;         (vi) that despite the existing laws and regulations     concerning environmental damage there exist continuing destruction and damage to the environment and harm to the public health, safety and welfare of the people of this State, and that among the most significant sources of this destruction, damage, and harm are the improper and unsafe transportation, treatment, storage, disposal, and dumping of hazardous wastes;         (vii) that it is necessary to supplement and     strengthen existing criminal sanctions regarding environmental damage, by enacting specific penalties for injury to public health and welfare and the environment

✓ current as of May 2026
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(415 ILCS 5/2) (from Ch. 111 1/2, par. 1002)
    Sec. 2. (a) The General Assembly finds:
        (i) that environmental damage seriously endangers the
    
public health and welfare, as more specifically described in later sections of this Act;
        (ii) that because environmental damage does not
    
respect political boundaries, it is necessary to establish a unified state-wide program for environmental protection and to cooperate fully with other States and with the United States in protecting the environment;
        (iii) that air, water, and other resource pollution,
    
public water supply, solid waste disposal, noise, and other environmental problems are closely interrelated and must be dealt with as a unified whole in order to safeguard the environment;
        (iv) that it is the obligation of the State
    
Government to manage its own activities so as to minimize environmental damage; to encourage and assist local governments to adopt and implement environmental-protection programs consistent with this Act; to promote the development of technology for environmental protection and conservation of natural resources; and in appropriate cases to afford financial assistance in preventing environmental damage;
        (v) that in order to alleviate the burden on
    
enforcement agencies, to assure that all interests are given a full hearing, and to increase public participation in the task of protecting the environment, private as well as governmental remedies must be provided;
        (vi) that despite the existing laws and regulations
    
concerning environmental damage there exist continuing destruction and damage to the environment and harm to the public health, safety and welfare of the people of this State, and that among the most significant sources of this destruction, damage, and harm are the improper and unsafe transportation, treatment, storage, disposal, and dumping of hazardous wastes;
        (vii) that it is necessary to supplement and
    
strengthen existing criminal sanctions regarding environmental damage, by enacting specific penalties for injury to public health and welfare and the environment.
    (b) It is the purpose of this Act, as more specifically described in later sections, to establish a unified, state-wide program supplemented by private remedies, to restore, protect and enhance the quality of the environment, and to assure that adverse effects upon the environment are fully considered and borne by those who cause them.
    (c) The terms and provisions of this Act shall be liberally construed so as to effectuate the purposes of this Act as set forth in subsection (b) of this Section, but to the extent that this Act prescribes criminal penalties, it shall be construed in accordance with the Criminal Code of 2012.
(Source: P.A. 97-1150, eff. 1-25-13.)

    
Notes of Decisions
Cited in 43 cases (2 in the last 5 years), 1993–2022 · leading case: City of Elgin v. Cnty. of Cook, 660 N.E.2d 875 (Ill. 1995).
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City of Elgin v. Cnty. of Cook, 660 N.E.2d 875 (Ill. 1995). · cites it 12× “See 415 ILCS 5/2 (West 1992) (legislative declaration).”
Town & Country Utils., Inc. v. Illinois Pollution Control Bd., 866 N.E.2d 227 (Ill. 2007). · cites it 3× “” 415 ILCS 5/2(b) (West 2002). Further, the legislature intended the Act to be liberally construed so as to effectuate its purposes.”
People Ex Rel. Madigan v. Excavating & Lowboy Servs., Inc., 902 N.E.2d 1218 (Ill. App. Ct. 2009). · cites it 7× “415 ILCS 5/2 (West 2004). Subsection 2(a)(ii) instructs “that because environmental damage does not respect political boundaries, it is necessary to establish a unified state-wide program for environmental protection.”
People Ex Rel. Burris v. C.J.R. Processing, Inc., 647 N.E.2d 1035 (Ill. App. Ct. 1995). · cites it 5× “(415 ILCS 5/2(b) (West 1992).) The Act must be liberally construed in order to effectuate its purposes.”
People Ex Rel. Ryan v. McFalls, 728 N.E.2d 1152 (Ill. App. Ct. 2000). · cites it 4× “ANALYSIS On appeal, the State and McFalls contend that the trial court erred by granting ComEd's motion to dismiss because, by the plain language of the Act, the class of persons who may "cause" open dumping in violation of subsections 21(a) and 21(p)(1) is not limited to owners…”
Vill. of DePue, Ill. v. Exxon Mobil Corp., 537 F.3d 775 (7th Cir. 2008). “” 415 ILCS 5/2(a)(ii), (iii). The purpose of the Illinois Act is “to establish a unified, state-wide program supplemented by private remedies, to restore, protect and enhance the quality of the environment, and to assure that adverse effects upon the environment are fully…”
People ex rel. Madigan v. Lincoln, Ltd., 2016 IL App (1st) 143487 (Ill. App. Ct. 2016). · cites it 4× “415 ILCS 5/2(b) (West 2002). The Act is to be liberally construed to effect its purposes.”
State Oil Co. v. People, 822 N.E.2d 876 (Ill. App. Ct. 2004). · cites it 3× “) 415 ILCS 5/2(a)(vi) (West 1996). Section 2(b) states that one of the purposes of the Act is to restore the environment.”
People ex rel. Madigan v. Stateline Recycling, LLC, 2020 IL 124417 (Ill. 2020). “415 ILCS 5/2 (West 2016). ¶ 24 The IEPA has authority to conduct a program of continuing surveillance and of regular or periodic inspection of actual or potential refuse disposal sites.”
Save the Prairie Soc'y v. Greene Dev. Grp., Inc., 789 N.E.2d 389 (Ill. App. Ct. 2003). “See 415 ILCS 5/2 (West 2000). A federal rule, like section 11 — 103 of the Code of Civil Procedure, permits courts to enter injunctions with no bond, or with only nominal bond.”
People ex rel. Madigan v. J.T. Einoder, Inc., 2015 IL 117193 (Ill. 2015). “415 ILCS 5/2(b), (c) (West 2012). In light of the provisions contained in section 2, the court concluded that the amendment to section 42(e) was remedial and, therefore, the legislature intended for it to be applied retroactively.”
Dep't of Transp. Ex Rel. People v. Parr, 633 N.E.2d 19 (Ill. App. Ct. 1994). “” (415 ILCS 5/2(b) (West 1992).) The Act establishes the Agency, which assumes the duty of investigating and ascertaining alleged violations of the Act or its regulations.”
Show all 43 citing cases →
— 415 ILCS 5/2(a)(i) — 8 cases
People v. Valdivia, 2011 IL App (2d) 100998 (Ill. App. Ct. 2011).
Bond Drug Co. v. Amoco Oil Co., 654 N.E.2d 540 (Ill. App. Ct. 1995).
Illini Env't, Inc. v. The Env't Prot. Agency, 2014 IL App (5th) 130244 (Ill. App. Ct. 2014).
People Ex Rel. Dept. of Labor v. Valdivia, 955 N.E.2d 631 (Ill. App. Ct. 2011).
Illini Env't, Inc. v. The Env't Prot. Agency, 2014 IL App (5th) 130244 (Ill. App. Ct. 2014).
— 415 ILCS 5/2(a)(ii) — 7 cases
City of Elgin v. Cnty. of Cook, 660 N.E.2d 875 (Ill. 1995). “See 415 ILCS 5/2 (West 1992) (legislative declaration).”
Vill. of DePue, Ill. v. Exxon Mobil Corp., 537 F.3d 775 (7th Cir. 2008). “” 415 ILCS 5/2(a)(ii), (iii). The purpose of the Illinois Act is “to establish a unified, state-wide program supplemented by private remedies, to restore, protect and enhance the quality of the environment, and to assure that adverse effects upon the environment are fully…”
People Ex Rel. Madigan v. Excavating & Lowboy Servs., Inc., 902 N.E.2d 1218 (Ill. App. Ct. 2009). “415 ILCS 5/2 (West 2004). Subsection 2(a)(ii) instructs “that because environmental damage does not respect political boundaries, it is necessary to establish a unified state-wide program for environmental protection.”
People Ex Rel. Madigan v. Dixon-Marquette Cement, Inc., 796 N.E.2d 205 (Ill. App. Ct. 2003).
Nat'l Waste & Recycling Ass'n v. Cnty. of Cook, 2016 IL App (1st) 143694 (Ill. App. Ct. 2016).
— 415 ILCS 5/2(a)(iii) — 2 cases
City of Elgin v. Cnty. of Cook, 660 N.E.2d 875 (Ill. 1995). “See 415 ILCS 5/2 (West 1992) (legislative declaration).”
People Ex Rel. Madigan v. Dixon-Marquette Cement, Inc., 796 N.E.2d 205 (Ill. App. Ct. 2003).
— 415 ILCS 5/2(a)(iv) — 2 cases
People Ex Rel. Madigan v. Excavating & Lowboy Servs., Inc., 902 N.E.2d 1218 (Ill. App. Ct. 2009). “415 ILCS 5/2 (West 2004). Subsection 2(a)(ii) instructs “that because environmental damage does not respect political boundaries, it is necessary to establish a unified state-wide program for environmental protection.”
Chemrex, Inc. v. Pollution Control Bd., 628 N.E.2d 963 (Ill. App. Ct. 1993).
— 415 ILCS 5/2(a)(vi) — 1 case
State Oil Co. v. People, 822 N.E.2d 876 (Ill. App. Ct. 2004). “) 415 ILCS 5/2(a)(vi) (West 1996). Section 2(b) states that one of the purposes of the Act is to restore the environment.”
— 415 ILCS 5/2(b) — 22 cases
Town & Country Utils., Inc. v. Illinois Pollution Control Bd., 866 N.E.2d 227 (Ill. 2007). “” 415 ILCS 5/2(b) (West 2002). Further, the legislature intended the Act to be liberally construed so as to effectuate its purposes.”
City of Elgin v. Cnty. of Cook, 660 N.E.2d 875 (Ill. 1995). “See 415 ILCS 5/2 (West 1992) (legislative declaration).”
People Ex Rel. Burris v. C.J.R. Processing, Inc., 647 N.E.2d 1035 (Ill. App. Ct. 1995). “(415 ILCS 5/2(b) (West 1992).) The Act must be liberally construed in order to effectuate its purposes.”
People Ex Rel. Ryan v. McFalls, 728 N.E.2d 1152 (Ill. App. Ct. 2000). “ANALYSIS On appeal, the State and McFalls contend that the trial court erred by granting ComEd's motion to dismiss because, by the plain language of the Act, the class of persons who may "cause" open dumping in violation of subsections 21(a) and 21(p)(1) is not limited to owners…”
People Ex Rel. Madigan v. Excavating & Lowboy Servs., Inc., 902 N.E.2d 1218 (Ill. App. Ct. 2009). “415 ILCS 5/2 (West 2004). Subsection 2(a)(ii) instructs “that because environmental damage does not respect political boundaries, it is necessary to establish a unified state-wide program for environmental protection.”
— 415 ILCS 5/2(c) — 19 cases
Town & Country Utils., Inc. v. Illinois Pollution Control Bd., 866 N.E.2d 227 (Ill. 2007). “” 415 ILCS 5/2(b) (West 2002). Further, the legislature intended the Act to be liberally construed so as to effectuate its purposes.”
People Ex Rel. Burris v. C.J.R. Processing, Inc., 647 N.E.2d 1035 (Ill. App. Ct. 1995). “(415 ILCS 5/2(b) (West 1992).) The Act must be liberally construed in order to effectuate its purposes.”
People Ex Rel. Ryan v. McFalls, 728 N.E.2d 1152 (Ill. App. Ct. 2000). “ANALYSIS On appeal, the State and McFalls contend that the trial court erred by granting ComEd's motion to dismiss because, by the plain language of the Act, the class of persons who may "cause" open dumping in violation of subsections 21(a) and 21(p)(1) is not limited to owners…”
People ex rel. Madigan v. Lincoln, Ltd., 2016 IL App (1st) 143487 (Ill. App. Ct. 2016). “415 ILCS 5/2(b) (West 2002). The Act is to be liberally construed to effect its purposes.”
People Ex Rel. Madigan v. Excavating & Lowboy Servs., Inc., 902 N.E.2d 1218 (Ill. App. Ct. 2009). “415 ILCS 5/2 (West 2004). Subsection 2(a)(ii) instructs “that because environmental damage does not respect political boundaries, it is necessary to establish a unified state-wide program for environmental protection.”
— 415 ILCS 5/2(v) — 1 case
People Ex Rel. Madigan v. Excavating & Lowboy Servs., Inc., 902 N.E.2d 1218 (Ill. App. Ct. 2009). “415 ILCS 5/2 (West 2004). Subsection 2(a)(ii) instructs “that because environmental damage does not respect political boundaries, it is necessary to establish a unified state-wide program for environmental protection.”
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