§ 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.