188 - Subrogation of rights.

§ 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.