ILLINOIS POLLUTION CONTROL BOARD
    December
    8,
    1977
    ENVIRONMENTAL PROTECTION AGENCY
    Complainant,
    V.
    )
    PCB 77—286
    BURLINGTON NORTHERN, INC.,
    )
    Respondent.
    ORDER OF THE BOARD
    (by Mr. Goodman)
    On November
    21,
    1977,
    Respo.r!den~filed a Motion to
    Dismiss Complaint on grounds of federal preemption.
    On
    November
    28, 1977,
    Complainant filed its Response.
    The
    Board agrees with the position taken by Complainant in its
    Response and finds that the federal law does not preempt
    our consideration of the Complaint filed herein.
    The Motion to
    Dismiss
    is denied.
    It is
    so ordered,
    I, Christan
    L. Moffett,
    Clerk of the Illinois Pollution
    Control
    Board, hereby cçrtify
    the abov
    Opinion and Order
    were adopted on the
    J’~~
    day of
    __________________,
    1977
    by a vote of
    Illinois Pollution
    28
    —
    395

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