220 ILCS 5/5-202
2021 Illinois Compiled Statutes|Chapter 220 - UTILITIES|220 ILCS 5/ - Public Utilities Act.|Article V - Duties Of Public Utilities - Accounts And Reports

 (from Ch. 111 2/3, par. 5-202)Sec. 5-202.     Violations; penalty.     Any public utility, any corporation other than a public  utility, or any person acting as a public utility, that violates  or fails to comply with any provisions of this  Act or that fails to obey, observe, or comply with any  order, decision,  rule, regulation, direction, or requirement, or any part or provision  thereof, of the Commission, made or issued under authority of this Act,  in a case in which a penalty is not otherwise provided for in this Act,  shall be subject to a civil penalty imposed in the manner provided in  Section 4-203.  A small public utility, as defined in subsection (b) of  Section 4-502 of this Act, is subject to a civil penalty of not less than  $500 nor more than  $2,000 for each and every offense.  All other public utilities, corporations  other than a public utility, and persons acting as a public utility are subject  to a civil penalty of up to $30,000 for each and every offense, except as  provided in this Section and in Sections 13-101, 13-304, 13-305, and 5-202.1 of  this Act.Every violation of the provisions of this Act or of any order,  decision, rule, regulation, direction, or requirement of the Commission,  or any part or portion thereof, by any corporation or person, is a  separate and distinct offense, provided, however, that if the same act or  omission violates more than one  provision of this Act, or of any order, decision, rule, regulation, direction,  or  requirement of the Commission, only one penalty or cumulative penalty may  be imposed for such act or omission. In case of a continuing violation, each  day's continuance thereof shall be a separate and distinct offense, provided,  however, that the cumulative penalty for any continuing violation shall not  exceed $500,000, except in the case of a small utility, as defined in  subsection (b) of Section 4-502 of this Act, in which case the cumulative  penalty for any continuing violation shall not exceed $35,000, and provided  further that these limits shall not apply where the violation was intentional  and either (i) created substantial risk to the safety of the utility's  employees or  customers or the public or (ii) was intended to cause economic benefits to  accrue to the violator.In construing and enforcing the provisions of this Act relating to  penalties, the act, omission, or failure of any officer, agent, or  employee of any public utility, corporation other than a public utility, or  person acting as a public utility, that is acting within the scope of his  official  duties or employment, shall in every case be deemed to be the act,  omission, or failure of such public utility, corporation other than a public  utility, or person acting as a public utility.If the party who has violated or failed to comply with this Act or an  order,  decision, rule, regulation, direction, or requirement of the Commission,  or any part or provision thereof, fails to seek timely review pursuant to  Sections 10-113 and 10-201 of this Act, the party shall, upon expiration of the  statutory time limit, be subject  to the civil penalty provision of this Section.No penalties shall accrue under this provision until 15 days after the  mailing of a notice to such party or parties that they are in violation  of or have failed to comply with the Act or order, decision, rule, regulation,  direction, or requirement of the Commission or any part or provision thereof,  except that this notice provision shall not apply when the violation was  intentional.    (Source: P.A. 93-457, eff. 8-8-03.)