415 ILCS 5/44.1
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title XII - Penalties

Sec. 44.1.   (a) In addition to all other civil and criminal penalties  provided by law, any person convicted of a criminal violation of this Act  or the regulations adopted thereunder shall forfeit to the State  (1) an amount equal to the value of all profits earned, savings realized,  and benefits incurred as a direct or indirect result of such violation, and  (2) any vehicle or conveyance used in the perpetration of such violation,  except as provided in subsection (b).(b) Forfeiture of conveyances shall be subject to the following exceptions:(1) No conveyance used by any person as a common     carrier in the transaction of business as a common carrier is subject to forfeiture under this Section unless it is proven that the owner or other person in charge of the conveyance consented to or was privy to the covered violation.(2) No conveyance is subject to forfeiture under this     Section by reason of any covered violation which the owner proves to have been committed without his knowledge or consent.(3) A forfeiture of a conveyance encumbered by a bona     fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the covered violation.(c) Except as provided in subsection (d), all property subject to  forfeiture under this Section shall be seized pursuant to the order of a circuit court.(d) Property subject to forfeiture under this Section may be seized by  the Director or any peace officer without process:(1) if the seizure is incident to an inspection under     an administrative inspection warrant, or incident to the execution of a criminal search or arrest warrant;(2) if the property subject to seizure has been the     subject of a prior judgment in favor of the State in a criminal proceeding, or in an injunction or forfeiture proceeding based upon this Act; or(3) if there is probable cause to believe that the     property is directly or indirectly dangerous to health or safety.(e) Property taken or detained under this Section shall not be subject  to eviction or replevin, but is deemed to be in the  custody of the Director subject only to the order and judgments of the  circuit court having jurisdiction over the forfeiture proceedings.  When  property is seized under this Act, the Director may:(1) place the property under seal;(2) secure the property or remove the property to a     place designated by him; or(3) require the sheriff of the county in which the     seizure occurs to take custody of the property and secure or remove it to an appropriate location for disposition in accordance with law.(f) All amounts forfeited under item (1) of subsection (a) shall be  apportioned in the following manner:(1) 40% shall be deposited in the Hazardous Waste     Fund created in Section 22.2;(2) 30% shall be paid to the office of the Attorney     General or the State's Attorney of the county in which the violation occurred, whichever brought and prosecuted the action; and(3) 30% shall be paid to the law enforcement agency     which investigated the violation.Any funds received under this subsection (f) shall be used solely for the  enforcement of the environmental protection laws of this State.(g) When property is forfeited under this Section the court may order:(1) that the property shall be made available for the     official use of the Agency, the Office of the Attorney General, the State's Attorney of the county in which the violation occurred, or the law enforcement agency which investigated the violation, to be used solely for the enforcement of the environmental protection laws of this State;(2) the sheriff of the county in which the forfeiture     occurs to take custody of the property and remove it for disposition in accordance with law; or(3) the sheriff of the county in which the forfeiture     occurs to sell that which is not required to be destroyed by law and which is not harmful to the public.  The proceeds of such sale shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising and court costs, and the balance, if any, shall be apportioned pursuant to subsection (f).(h) Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act. (Source: P.A. 100-173, eff. 1-1-18; 100-512, eff. 7-1-18; 100-863, eff. 8-14-18.)