Under Sections 302 and 304 of the Emergency Planning and Community Right-to-Know Act, a contractor could be considered an operator of the facility or of a portion of the facility if the contractor has enough authority. Neither statute nor the regulations define operator.
If the contractor is considered an operator, the contractor could be held liable for not making the required notifications under Sections 302 or 304. If no notification is made under Sections 302 and 304, the owner and operator will be held liable.