Section 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.