State v. Joerns Furniture Co., Inc.

The state appeals from a judgment dismissing its complaint against Joerns Furniture. The complaint charged Joerns with violating sec. NR 151.03, Wis. Admin. Code 1981, 1 by disposing of solid waste at an unlicensed solid waste disposal facility. The state sought a forfeiture and other relief. The trial court held that because Joerns turned its hazardous wastes over to a solid waste collecting and transporting service licensed by the DNR, Joerns did not improperly dispose of those wastes under sec. NR 151.03. 2 We reverse.

The facts are uncontroverted on appeal. In November 1980 a DNR forest…