Section EIGHT. Of the court of claims act or any other provisions of law to the contrary notwithstanding, the state shall be immune from liability and action with respect to any act or omission done in the exercise of the department's authority pursuant to this section; provided, however, that this subdivision shall not limit any liability which may otherwise exist for unlawful, willful or malicious acts or omissions on the part of the state, state agencies, or other officers, employees or agents

5. Moneys for actions taken by the department pursuant to this section
  including  any  sampling  of  wastes,  soils,  air,  surface  water  and
  groundwater   done   by   or   on  behalf  of  the  department  and  any
  administrative expenses related  thereto,  shall  be  payable  from  the
  hazardous  waste  remedial  fund  directly to the department pursuant to
  section ninety-seven-b of the state finance law.