ILLINOIS POLLUTION CONTROL BOARD

March 19,

1981

ABBOTT LABORATORIES,

Petitioner,

v.

)

PCB 81—33

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

ORDER OF THE BOARD

(by

I. Goodman):

Petitioner’s operating permit appeal,

received on March

2,

1981,

is dismissed.

The Agency’s November 10,

1980 “reopening” of the permit

originally issued on October

3,

1980 was subsequent to

Petitioner’s November

7,

1980 appeal of that permit in PCB

80-205, and as such cannot affect the legal status of that

permit.

If the reopening had occurred prior to the appeal, then

that appeal would have been of a not-yet-legally-effective

permit, as the Agency’s decision would not have been final for

purposes of the Board’s review.

Accordingly, the Board dismisses PCB 81-33.

If after

decision in PCB 80—205 Petitioner remains aggrieved,

it may

appeal that decision.

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

~

1981 by a vote of

___‘,

~

~

~

Christan

L. Moffet~,/elerk

Illinois Pollution cbntrol Board

4 1—119