1. VERIFICATION
      2. CERTIFICATE OF SERVICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS
ex reI.
LISA MADIGAN, Attorney General
of the State of Illinois
Complainant,
vs.
UNION PACIFIC RAILROAD COMPANY,
a Delaware corporation,
Respondent.
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) PCB 2008-007
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) VIA ELECTRONIC FILING
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NOTICE OF FILING
John Therriault
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, IL 60601
Bradley P. Halloran
Hearing
Officer
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, IL 60601
Zemeheret Bereket-Ab
Assistant Attorney General
Environmental Bureau North
69 West Washington Street,
Suite 1800
Chicago, IL 60602
W. Lee Hammond
Union Pacific Railroad Company
1400 Douglas Street, Stop 1080
Omaha,
NE 68179
Please take notice that today, September
28,2009, I have filed with the Office of the
Clerk
of the Illinois Pollution Control Board by electronic filing Union Pacific Railroad
Company's Motion to Extend the Schedule, along with Notice
of Filing and Certificate of
Service, a copy of which is attached hereto and served upon you.
Thomas
A.
Andreoli
SONNENSCHEIN NATH
&
ROSENTHAL LLP
233
South Wacker Drive
Chicago, Illinois 60606
312.876.8000
tandreoli@sonnenschein.com
Respectfully submitted,
SONNENSCHEIN NATH
&
ROSENTHAL LLP
By: /s/ Thomas
A.
Andreoli
Attorneys for Respondent
Union Pacific Railroad Company
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS
ex reI.
LISA MADIGAN, Attorney General
of the State of Illinois
Complainant,
vs.
UNION PACIFIC RAILROAD COMPANY,
a Delaware corporation,
Respondent.
)
)
)
) PCB 2008-007
)
)
) VIA ELECTRONIC FILING
)
)
)
)
)
UNION PACIFIC RAILROAD COMPANY'S
MOTION TO EXTEND THE SCHEDULE
Union Pacific Railroad Company ("Union Pacific") hereby respectfully moves the
Hearing Officer, pursuant to
35 Ill. Adm. Code §§ 101.502 and 101.522, to extend the schedule
for Union Pacific to answer or otherwise respond to the Complaint. In support
of this Motion,
Union Pacific states as follows:
1.
On August 20,2009, the Pollution Control Board (the "Board") adopted the Order
denying Union Pacific's Motion to Sever (the "August 20, 2009 Order").
2.
Union Pacific received the August 20, 2009 Order via U.S. Mail on
August 25,
2009. Union Pacific intends to seek reconsideration of the Order pursuant to
Ill. Adm. Code
§§ 200.520 and 200.902. Union Pacific's Motion for Reconsideration is due by
September
29,2009. 83 Ill. Adm. Code § 200.520(a).
3.
The current date for Union Pacific to answer or otherwise respond is
September 28,
2009. The scheduling of the date for Union Pacific to answer or otherwise
respond to the Complaint prior to the end
of the time period for Union Pacific to seek
reconsideration
of the August 20, 2009 Order was unintended. This schedule, if left unchanged,
Electronic Filing - Received, Clerk's Office, September 28, 2009
would cause confusion of the pleadings and material prejudice to Union Pacific, in the event its
Motion for Reconsideration were granted.
4.
Accordingly,
Union Pacific requests that the Hearing Examiner extend the date
for
Union Pacific to answer or otherwise respond to the Complaint until such time as the Board
has ruled upon its Motion to for Reconsideration
ofthe August 20, 2009 Order.
5.
This Motion is made in good faith and for good cause and not for purposes of
delay. No party will be unfairly prejudiced by the granting of this Motion.
6.
The parties currently are scheduled for a telephonic status conference with the
Hearing
Officer on October 1,2009 at 11:30. a.m.
WHEREFORE,
Union Pacific Railroad Company respectfully requests that the Hearing
Officer extend the date for Union Pacific to answer or otherwise respond to the Complaint until
such time as the Board has ruled upon its Motion to for Reconsideration
of the August 20,2009
Order to be filed on September 29,2009.
Dated: September 28, 2009
Thomas A. Andreoli
SONNENSCHEIN NATH
&
ROSENTHAL LLP
233 South Wacker Drive
Chicago, Illinois
60606
312.876 .. 8000
tandreoli@sonnenschein.com
Respectfully submitted,
SONNENSCHEIN NATH
&
ROSENTHAL LLP
By: /s/ Thomas A. Andreoli
Attorneys for Respondent
Union Pacific Railroad Company
-2 -
VERIFICATION
Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil
Procedure, the undersigned certifies that the statements set forth in this instrument are true and
correct, except as to matters therein stated to be on information and belief and as to such matters
the undersigned certifies as aforesaid that he verily believes the same to be true.
CERTIFICATE OF SERVICE
I, Thomas
A.
Andreoli, an attorney, hereby certify that I caused a copy of Union Pacific
Railroad Company's Motion to Extend the Schedule, along with Notice of Filing and Certificate
of Service, to be served upon the service list on September 28, 2009, by regular mail.
/s/ Thomas
A. Andreoli
Thomas A. Andreoli

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