RECEVED
    CLERK’S
    OFFICE
    ILLINOIS POLLUTION
    CONTROL
    BOARD
    MAR
    182009
    March
    18, 2009
    STATE
    OF
    ILLINOIS
    Pollution
    Control
    Board
    INDIAN
    CREEK
    DEVELOPMENT
    )
    COMPANY,
    an Illinois partnership,
    )
    individually
    as beneficiary
    under
    trust 3291 of
    )
    the
    Chicago
    Title
    and Trust Company,
    dated
    )
    /
    December
    15, 1981 and the
    Chicago
    Title
    and
    )
    PCB
    07-44
    Trust
    Company,
    as trustee under
    trust 3291,
    )
    (Citizens
    Enforcement
    — Land,
    Water)
    dated December 15,
    1981,
    )
    )
    Complainant,
    )
    )
    v.
    )
    )
    The
    BURLINGTON
    NORTHERN
    SANTA
    FE)
    RAiLWAY
    COMPANY,
    a Delaware
    )
    corporation,
    )
    )
    Respondent.
    )
    HEARING
    OFFICER
    ORDER
    On March
    18, 2009, all
    parties participated in
    a telephonic
    status conference with
    the
    hearing
    officer. The
    parties represented
    that they
    continue
    to discuss a number
    of outstanding
    issues
    in an attempt
    to assist
    in resolving the above-captioned
    matter. Sampling
    results are being
    reviewed.
    The
    parties or their legal
    representatives
    are directed to
    participate in a telephonic
    pre
    hearing conference
    with the hearing officer
    on April
    30, 2009, at 11:45
    a.m. The telephonic
    status
    conference
    must be
    initiated
    by
    the complainant,
    but each
    party
    is nonetheless
    responsible
    for
    their
    own appearance.
    At the status
    conference,
    the parties must
    be prepared
    to
    discuss the
    status of
    the above-captioned
    matter and their
    readiness
    for hearing.
    IT
    IS
    SO
    ORDERED.
    J%.QL
    S
    Bradley
    P. Halloran
    Hearing
    Officer
    Illinois
    Pollution
    Control Board
    James
    R. Thompson Center,
    Suite
    11-500
    100 W. Randolph
    Street
    Chicago,
    Illinois 60601
    312.814.8917
    2
    CERTIFICATE
    OF
    SERVICE
    It is
    hereby
    certified
    that true
    copies
    of the
    foregoing
    order
    were
    mailed, first
    class,
    on March
    18, 2009,
    to
    each
    of the
    persons
    on the attached
    service
    list.
    It is hereby
    certified
    that
    a true
    copy
    of the foregoing
    order
    was hand
    delivered
    to
    the following
    on
    March
    18, 2009:
    John T.
    Therriault
    Illinois
    Pollution
    Control
    Board
    James
    R.
    Thompson
    Center
    100
    W.
    Randolph
    St.,
    Ste. 11-500
    Chicago,
    Illinois
    60601
    Bradley
    P. Halloran
    Hearing
    Officer
    Illinois
    Pollution
    Control
    Board
    James
    R. Thompson
    Center
    100 West
    Randolph
    Street,
    Suite
    11-500
    Chicago,
    Illinois
    60601
    312.814.8917
    3
    PCB
    2007-044
    Burlington
    Northern
    and
    Santa Fe
    Railway
    Company
    R!A
    CT Corporation
    System
    208
    South
    LaSalle
    Street
    Chicago,
    IL
    60604
    PCB
    2007-044
    Weston
    W.
    Marsh
    Freeborn
    & Peters
    311 South
    Wacker
    Drive
    Suite
    3000
    Chicago,
    IL 60606-6677
    PCB
    2007-044
    Glenn
    C.
    Sechen
    S
    chain,
    Burney,
    Ross
    & Citron,
    Ltd.
    222
    North LaSalle
    Street
    Suite
    1910
    Chicago,
    IL 60601-45
    14
    PCB 2007-044
    M.
    Hope
    Whitfield
    Schain, Burney,
    Ross
    &
    Citron,
    Ltd.
    222 North
    LaSalle
    Street
    Suite
    1910
    PCB 2007-044
    Robert M.
    Baratta,
    Jr.
    Freeborn
    &
    Peters
    311
    South Wacker
    Drive
    Suite
    3000
    Chicago,
    IL 60606-6677
    PCB
    2007-044
    James
    H. Wiltz
    Freeborn
    & Peters
    311
    South Wacker
    Drive
    Suite
    3000
    Chicago,
    IL
    60606-6677
    PCB
    2007-044
    James
    R. Griffin
    Schain,
    Burney,
    Ross
    & Citron,
    Ltd.
    222 North
    LaS
    alle Street
    Suite
    1910
    Chicago,
    IL 60601-45
    14
    PCB 2007-044
    Stuart
    A. Petersen
    Law Office
    of
    Stuart
    A. Petersen,
    Ltd.
    601
    N.
    Farnsworth
    Aurora,
    IL 60505
    Chicago,
    IL
    60601-4514

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