(a) as to the amount of the cost of legally disposing of the hazardous waste when such waste is unlawfully possessed;

(b) as to the amount of the cost of legally restoring to its original state the area where the substance was released unlawfully in violation of sections 27-0914, 71-2710, 71-2711, 71-2712, 71-2713 and 71-2714 of this chapter must be based upon a preponderance of the evidence. The defendant shall be permitted to rebut any evidence offered by the people. 5. Conclusion of hearing. At any time during the pendency of a hearing pursuant to this section the court may, in its discretion, terminate the hearing without making any finding, provided the court states on the record its reasons for the termination. In all other cases the court shall enter its findings and judgment upon the record at the conclusion of the hearing. 6. Judgment. (a) The judgment may require the defendant to pay an amount for the disposal of hazardous wastes or the restoration of the property or to perform duties of disposal or restoration or to perform both.

(b) When the court orders the defendant to pay an amount for the disposal of hazardous wastes or the restoration of the property, the provisions of article four hundred twenty of the criminal procedure law shall govern the collection of the amount which shall be paid to the commissioner for deposit to the credit of the hazardous waste remedial fund established by section ninety-seven-b of the state finance law.

(c) Where the court orders the defendant to perform duties of the disposal of hazardous wastes or the restoration to the property the court may authorize the department to supervise and report to it on the conduct of such duties; provided, however, that, section eight of the court of claims act or any other provision 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 as so conferred by the court; and provided further 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 their officers, employees or agents.

(d) In order to most likely assure the disposal of the hazardous wastes or the restoration of the property, where there are two or more defendants the court may apportion the costs or assign the performance duties of disposal or restoration, or both, between or among the defendants as the interests of justice may appear to the court.