Any person responsible for causing a discharge which is prohibited by section 173 of the Navigation Law shall immediately notify the department, but in no case later than two hours after the discharge. In addition, the owner or operator of any facility from which petroleum has been discharged in violation of section 173 of the Navigation Law, and any person who was in actual or constructive control of such petroleum immediately prior to such discharge, shall immediately give the department the notification required by this Part unless such owner, operator or person has adequate assurance that such notification has already been given.