Illinois has not preempted local plastic bag regulation, allowing home rule municipalities to enact bans, fees, or recycling mandates under their general police power.
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.
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.
See how O'Fallon's plastic bag rules rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.