§ 188. Subrogation of rights. Payment of any cleanup costs or damages
by the fund arising from a single incident shall be conditioned upon the
administrator acquiring by subrogation all rights of the claimant to
recovery of such costs or damages from the discharger or other
responsible party. The administrator shall then seek satisfaction from
the discharger or other responsible party in the supreme court if the
discharger or other responsible party does not reimburse the fund. In
any such suit, except as provided by section one hundred eighty-one of
this article, the administrator need prove only that an unlawful
discharge occurred which was the responsibility of the discharger or
other responsible party. The administrator is hereby authorized and
empowered to compromise and settle the amount sought for cost and
damages from the discharger or other responsible party and any penalty
arising under this article.