“Operator” means any person who owns, operates or maintains a subsurface installation. The term does not include:
1. The Department of Transportation; or
2. An interstate railroad company that operates more than 1,000 miles of railroad track in this State, if the subsurface installations owned, operated or maintained by the company:
(a) Are located within the right-of-way of the company; and
(b) Do not include facilities subject to the jurisdiction of the United States Department of Transportation pursuant to 49 C.F.R. Parts 191 to 195, inclusive.