The Consultant’s Perspective – ELTF By: R. Jason Lenz, Ph.D.

Excess Liability Trust Fund  The Excess Liability Trust Fund (ELTF) provides a mechanism for the REIMBURSEMENT of money spent by underground storage tank owners and operators on the cleanup of petroleum released from underground storage tanks. It also provides the Federally mandated financial assurance for owners and operators of underground petroleum storage tanks and a source of money for the indemnification of third parties.  Key point to absorb and reflect on.

Indiana Fund Revenue Sources

UST Open Releases *Approximately 13,000 in-use UST in Indiana

ELTF Labor Rates Labor ClassHourly Rate Principal$ Senior Project Manager$ Project Manager$ Staff Project Person$90.25 Field Technician$62.00 Draftsman$52.75 Clerical$36.50

Applicable Federal Regulations  RCRA1976  CERLA1980  SARA1986

Creek Run LLC Environmental Engineering  Started in 1993  Hired my first employee in 1995  Over 100 active sites  142 closures or No Further Action (NFA) Sites  70 sites in quarterly monitoring  45 Employees including 3 employees to process ELTF claims  2015 Indiana Companies to Watch Award Winner  First Claim in 2002

Creek Run ELTF Totals Creek Run ELTF Information through September 21, 2015 Total Amount Submitted$39,413, Total Amount Approved$36,069, Actual Amount Received$32,051, Amount in Processing$2,527, Total Number of Claims Submitted2,655 Average Reimbursement Rate98%

Orland, Indiana

ELTF Information ELTF Eligibility100% ELTF Deductible$35,000 Total Amount of Project$883, Total Amount Approved by ELTF$874, Percent Approval98.9% Total Amount Reimbursed to client$839, Remediation TypeAir sparge/Soil Vapor Extraction Current StatusNFA received in January 2013

Liberty, Indiana

ELTF Information ELTF Eligibility100% ELTF Deductible$25,000 Total Amount of Project$65, Total Amount Approved by ELTF$65, Percent Approval99.1% Total Amount Reimbursed to client $40, Remediation TypeNatural Attenuation Current StatusNFA in October 2012

LaGrange, Indiana

ELTF Information ELTF Eligibility82% ELTF Deductible$35,000 Total Amount of Project$1,244, Total Amount Approved by ELTF$1,184, Percent Approval95% Total Amount Reimbursed to client $942, Remediation TypeMultiple Phase Extraction (MPE) Current StatusNFA pending IDEM approval

Auburn, Indiana

ELTF Information ELTF Eligibility100% ELTF Deductible$35,000 Total Amount of Project$405, Total Amount Approved by ELTF$399, Percent Approval98.4% Total Amount Reimbursed to client $364, Remediation TypeAir Sparge/Soil Vapor Extraction Current StatusNFA in September 2010

New Castle, Indiana

ELTF Information ELTF Eligibility100% ELTF Deductible$30,000 Total Amount of Project$236, Total Amount Approved by ELTF$236, Percent Approval99.7% Total Amount Reimbursed to client $206, Remediation TypeSource Removal/Disposal Current StatusNFA in February 2014

Plymouth, Indiana

ELTF Information ELTF Eligibility100% ELTF Deductible$35,000 Total Amount of Project$348, Total Amount Approved by ELTF$337, Percent Approval96.9% Total Amount Reimbursed to client $307, Remediation TypeGroundwater Pump & Treat/ Soil Vapor Extraction Current StatusNFA in March 2011

Anderson, Indiana

ELTF Information ELTF Eligibility100% ELTF Deductible$35,000 Total Amount of Project$1,099, Total Amount Approved by ELTF$1,087, Percent Approval98.9% Total Amount Reimbursed to client $1,052, Remediation TypeMultiple Phase Extraction (MPE) Current StatusNFA in May 2014

Valparaiso, Indiana

ELTF Information ELTF Eligibility100% ELTF Deductible$25,000 Total Amount of Project$178, Total Amount Approved by ELTF$174, Percent Approval97.7% Total Amount Reimbursed to client $149, Remediation TypeOxygen Release Compound (ORC) Injection Current StatusNFA in April 2014

Conclusions  Leave the fund alone  Do not raise the $2 million ceiling limit  Do not lower deductible amounts  The best way to preserve the fund is to make sure you follow the rules  Use correct billing rates  Do not inflate hours  Use the appropriate remediation technique  Do not treat ELTF as a personal bank account

Questions?