wning or operating such facility." As noted above, this definition reaches prior owner and lessees if they owned or leased the property at the time of the release of the hazardous materials. However, the statute specifically exempts "a person who without participating in management of ... a facility, holds indicia of ownership primarily to protect his security interest in the ... facility." This exemption has become famous as the "security interest exemption" and has become the focal point of one of the most intense controversies concerning CERCLA. As will be discussed in much greater detail below, this exemption has been interpreted to varying degrees by the courts and the EPA. It is currently the subject of a Congressional bill intended to amend CERCLA.
The statute defines an "operator" as "any person operating a facility." This definition has been interpreted very broadly by courts, who have said that it includes anyone in a position to control the activities at a facility. A person will be considered an operator based upon h
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