State v. Schmitt

GARTZKE, P.J.

(dissenting). All forfeitures, including those for filling beyond the approved area, should be affirmed.

The landfill is defined by boundaries and areas approved for filling. Those boundaries and areas constitute the landfill. They exist independently of the license. It is undisputed that Schmitt operated the landfill without a license and it is undisputed that he filled outside the approved area. The view that sec. 144.99, Stats., was not violated since no approved area existed after Schmitt’s license expired is not argued on appeal.

Schmitt contends only that a single act should be considered a single violation. He points out that otherwise a single act could be considered the violation of various provisions in ch. 144, Stats., and a forfeiture for each violation could be imposed.

Multiple forfeitures for violations of different statutes, all resulting from the same act, are indeed possible. This case is a example. Schmitt is charged with operating without a license, contrary to sec. 144.44(4), Stats., and violating a plan approval, contrary to sec. 144.99. Each statute requires proof of facts the other does not. Each is therefore separate and distinct from the other, and a single act may violate both. See Blockburger v. United States, 284 U.S. 299, 304 (1932) (if each statute requires proof of *742an additional fact which other does not, single act may violate both). That Schmitt’s single act violated both is undisputed. The trial court properly imposed forfeitures for both.