Excess Liability Trust Fund
The Excess Liability Trust Fund (ELTF) is a dedicated state trust fund that serves as a financial responsibility mechanism for underground storage tank (UST) owners and operators. It provides their federally mandated financial assurance and a source of money to pay for cleanup or compensate third parties for any injuries or damages associated with releases from regulated USTs. The Office of Land Quality (OLQ) manages the ELTF in accordance with the rules in 328 Indiana Administrative Code 1 [PDF]. These notes apply to the rules:
- This version of the rules only applies to work conducted on or after March 26, 2011.
- Personnel rates have been adjusted in accordance with the product price index percentage from December 2010. Rates are paid based on the task performed.
- The personnel classification of Senior Tech has been eliminated.
- If you sign submittals on behalf of the owner/operator, a power of attorney must be included.
- The mileage rate is the same as the current federal rate (0.545 cents/mile) established on January 1, 2018. This rate could change annually on January 1.
Forms for the ELTF program are available on the IDEM Forms page:
- Excess Liability Trust Fund Eligibility Application - 55459
- Excess Liability Trust Fund Application - 47139
- Excess Liability Trust Fund Confirmation of Emergency Response Status - 55458
Send two copies of the completed forms to IDEM: one on paper and one on CD. If delivering by hand, take forms and correspondence to Room 1101 at the east end of the 11th floor in the Indiana Government Center North building.
Owners and operators who choose to use the ELTF must:
- Complete State Form 55459 - Excess Liability Trust Fund Eligibility Application.
- Complete State Form 52884 - Request for Certificate of Financial Assurance (COFA) for USTs (available on the IDEM Forms page).
- Have a Certificate of Financial Responsibility (COFR), which is available as a template [DOC], that shows they have a device outlined under 329 IAC 9-8 to meet the state and federal law for financial responsibility.
- Demonstrate compliance with their financial responsibility requirements by keeping their COFA, COFR, and a copy of the financial responsibility mechanism(s) at their facility so they are available for inspection.
If the ELTF does not have enough money to provide financial assurance for all UST owners and operators, OLQ will notify those covered under the fund by certified mail. The fund coverage will continue for 60 days after notification, and owners and operators must get other financial assurance during those 60 days.
Senate Enrolled Act 255 (2016) amended Indiana Code 13-23-7-7 and added a provision that requires IDEM to arrange for an independent actuarial study examining the future obligations and fiscal sustainability of the ELTF once every five years. Through a public bidding process, IDEM retained Milliman, Inc. to conduct the actuarial study. IDEM also retained Pinnacle Actuarial Resources, Inc. and its subcontractor, R&A Risk Professionals, to conduct a performance review of IDEM’s ELTF program. The Study Letter, Actuarial Report, and Process Report [PDF] are available for Financial Assurance Board members, public officials, and Hoosier citizens to review.