owner or operator
Defined in 1 dictionary — U.S. Code
United States Code
19 U.S.C. § 1594 — for purposes of this section
The term “owner or operator” includes—
(A) a lessee or person operating a conveyance under a rental agreement or charter party; and
(B) the officers and directors of a corporation;
(C) station managers and similar supervisory ground personnel employed by airlines;
(D) one or more partners of a partnership;
(E) representatives of the owner or operator in charge of the passenger or cargo operations at a particular location; and
(F) and other persons with similar responsibilities.
33 U.S.C. § 1316 — for purposes of this section
The term “owner or operator” means any person who owns, leases, operates, controls, or supervises a source.
33 U.S.C. § 1321 — in this section
“owner or operator” means (A) in the case of a vessel, any person owning, operating, or chartering by demise, such vessel, and (B) in the case of an onshore facility, and an offshore facility, any person owning or operating such onshore facility or offshore facility, and (C) in the case of any abandoned offshore facility, the person who owned or operated such facility immediately prior to such abandonment;
33 U.S.C. § 2701 — in this section (8 versions over time)
“owner or operator”—
(A) means—
(i) in the case of a vessel, any person owning, operating, or chartering by demise, the vessel;
(ii) in the case of an onshore facility, offshore facility, or foreign offshore unit or other facility located seaward of the exclusive economic zone, any person or entity owning or operating such facility;
(iii) in the case of any abandoned offshore facility or foreign offshore unit or other facility located seaward of the exclusive economic zone, the person or entity that owned or operated such facility immediately prior to such abandonment;
(iv) in the case of any facility, title or control of which was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means to a unit of State or local government, any person who owned, operated, or otherwise controlled activities at such facility immediately beforehand;
(v) notwithstanding subparagraph (B)(i), and in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including for purposes of liability under section 2702 of this title, any State or local government that has caused or contributed to a discharge or substantial threat of a discharge of oil from a vessel or facility ownership or control of which was acquired involuntarily through—
(I) seizure or otherwise in connection with law enforcement activity;
(II) bankruptcy;
(III) tax delinquency;
(IV) abandonment; or
(V) other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign;
(vi) notwithstanding subparagraph (B)(ii), a person that is a lender and that holds indicia of ownership primarily to protect a security interest in a vessel or facility if, while the borrower is still in possession of the vessel or facility encumbered by the security interest, the person—
(I) exercises decision making control over the environmental compliance related to the vessel or facility, such that the person has undertaken responsibility for oil handling or disposal practices related to the vessel or facility; or
(II) exercises control at a level comparable to that of a manager of the vessel or facility, such that the person has assumed or manifested responsibility—
(aa) for the overall management of the vessel or facility encompassing day-to-day decision making with respect to environmental compliance; or
(bb) over all or substantially all of the operational functions (as distinguished from financial or administrative functions) of the vessel or facility other than the function of environmental compliance; and
(B) does not include—
(i) A unit of state or local government that acquired ownership or control of a vessel or facility involuntarily through—
(I) seizure or otherwise in connection with law enforcement activity;
(II) bankruptcy;
(III) tax delinquency;
(IV) abandonment; or
(V) other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign;
(ii) a person that is a lender that does not participate in management of a vessel or facility, but holds indicia of ownership primarily to protect the security interest of the person in the vessel or facility; or
(iii) a person that is a lender that did not participate in management of a vessel or facility prior to foreclosure, notwithstanding that the person—
(I) forecloses on the vessel or facility; and
(II) after foreclosure, sells, re-leases (in the case of a lease finance transaction), or liquidates the vessel or facility, maintains business activities, winds up operations, undertakes a removal action under section 1321(c) of this title or under the direction of an on-scene coordinator appointed under the National Contingency Plan, with respect to the vessel or facility, or takes any other measure to preserve, protect, or prepare the vessel or facility prior to sale or disposition,
42 U.S.C. § 7411 — for purposes of this section
The term “owner or operator” means any person who owns, leases, operates, controls, or supervises a stationary source.
42 U.S.C. § 7412 — for purposes of this section
The term “owner or operator” means any person who owns, leases, operates, controls, or supervises a stationary source.
42 U.S.C. § 9601 — in this section (6 versions over time)
The term “owner or operator” means (i) in the case of a vessel, any person owning, operating, or chartering by demise, such vessel, (ii) in the case of an onshore facility or an offshore facility, any person owning or operating such facility, and (iii) in the case of any facility, title or control of which was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means to a unit of State or local government, any person who owned, operated, or otherwise controlled activities at such facility immediately beforehand. Such term does not include a person, who, without participating in the management of a vessel or facility, holds indicia of ownership primarily to protect his security interest in the vessel or facility.
42 U.S.C. § 9601 — in this section
In the case of a hazardous substance which has been accepted for transportation by a common or contract carrier and except as provided in section 9607(a)(3) or (4) of this title, (i) the term “owner or operator” shall mean such common carrier or other bona fide for hire carrier acting as an independent contractor during such transportation, (ii) the shipper of such hazardous substance shall not be considered to have caused or contributed to any release during such transportation which resulted solely from circumstances or conditions beyond his control.