Key Facts Full Breakdown Violations FAQ Sources

Elmhurst, IL Single-Use Items: Plastic Bag Rules (2026)

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Key Facts

State Preemption: None
Chicago Bag Tax: 7 cents
Solid Waste Act: 415 ILCS 15
Home Rule: Allowed

Illinois state rule: Elmhurst does not have a local ordinance for plastic bag rules. This topic is governed by Illinois state law and applies uniformly across the state.

Summary

Illinois has not preempted local plastic bag regulation, allowing home rule municipalities to enact bans, fees, or recycling mandates under their general police power.

Full Breakdown

Unlike many states, Illinois does not preempt local single-use plastic regulation. The Plastic Bag Recycling Act (415 ILCS 10) sunset in 2017, and no successor law preempts municipal action. Chicago imposes a 7 cent checkout bag tax under Municipal Code 3-50, and Evanston, Edwardsville, and other cities have passed their own bag ordinances. The Illinois Solid Waste Planning and Recycling Act (415 ILCS 15) encourages source reduction. Home rule authority under Article VII Section 6 of the Illinois Constitution underpins these local programs.

Violations & Fines

Local violations are punishable under each municipality's ordinance, typically civil fines from $50 to $500 per offense, with state law imposing no separate penalty.

Frequently Asked Questions

Does Illinois ban plastic bags statewide?

No. Illinois has no statewide plastic bag ban or fee. Cities like Chicago, Evanston, and Edwardsville have adopted their own checkout bag taxes or restrictions under home rule authority.

Can Illinois cities ban plastic bags?

Yes. Because the General Assembly has not preempted local single-use plastic regulation, home rule and non-home-rule municipalities may enact bag bans or fees consistent with the Constitution.

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Elmhurst, IL Single-Use Items: Plastic Bag Rules (2026)

Key Facts

Summary

Full Breakdown

Violations & Fines

Frequently Asked Questions

Sources & Official References

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