ILLINOIS POLLUTIOI’~CONTROL BOARD
    T’larch 19,
    1981
    ALBURN,
    INC.,
    Petitioner,
    v.
    )
    PCB 81—23
    PCB 81—24
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by
    I.
    Goodman):
    Respondent’s February
    26,
    1981 motion to dismiss
    these con-
    struction and operating permit appeals, amended on t~arch 3,
    1981,
    is granted.
    Contrary to Respondent’s allegations that both petitions are
    procedurally inferior under the Board’s Procedural Rule 502(a)—
    (2)(iii), the contents
    of the petitions are sufficient for the
    Board to exercise jurisdiction.
    However, the Board finds that its
    prior docketing of construction and operating permit appeals filed
    on October
    14,
    1980
    (PCB 80—189 and 80—190)
    preempts
    it from con-
    sidering these appeals of permits which should not have been
    issued by the Agency.
    The permits issued on September
    9, 1980 to Petitioner,
    once
    appealed to the Board,
    could not he nullified by Agency modifica-
    tion or reissuance until dismissal of the petitions.
    Negotiations
    and settlements subsequent to the lawful issuance of a permit
    cannot render the permit of no legal import once
    it has been
    appealed to the Board.
    Unless the proceedings
    in PCB 80-189 and 80-190 are
    to he
    withdrawn,
    and modified or new permits are to
    be
    subsequently
    issued, the prior permits remain in full legal effect.
    It
    is
    axiomatic that two permits covering the same process or equipment
    and issued pursuant to the same legal authority cannot have
    simultaneous legal effect.
    Because neither Petitioner nor
    Respondent has alleged that either permit
    is of no legal effect,
    the Board concludes that the ones issued prior in time have
    primacy and that the later permits,
    assuming they exist,
    did
    not
    nullify the legal effect of the prior permits.
    Nothing in this Order is intended to limit the lawful modi-
    fication of permits by the Agency.
    However,
    if permit applicants
    appeal
    a permit to the Board, and subsequently try to settle
    their contentions with the Agency, then upon resolution of those
    contentions the appeal to the Board should be dismissed.
    41—i13
    Petitioner’s February 17,
    1981 motion to consolidate is
    denied.
    IT IS SO ORDERED.
    I.
    Christan
    L.
    Moffett,
    Clerk of the Illinois Pollution
    Control Board,
    hereby certify that the above Order was adopted
    on the
    /
    day of
    ‘-~i~
    ,
    1981 bya vote of
    ~‘
    C
    ~
    ~)7~/~
    ~r(
    Christan L. Moffett11/~1erk
    Illinois Pollution
    COntrol
    Board
    41—114

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