Picton Terminals is facing legal charges for illegally excavating more than one million tonnes of limestone from its Picton Bay property.

The two companies that own Picton Terminals face one charge each of operating a quarry without a licence from the province.

ABNA Investments and 1213427 Ontario have been summoned to appear at the Ontario Court of Justice in Picton on March 7.

On Friday 17 January, a justice of the peace ruled in favour of a private prosecution initiated by a group of four County residents, Doug Pollitt, Bill Beckett, Victor Lind and Robert Beutel.

As reported in the Toronto Star, they brought evidence showing that Picton Terminals has quarried and sold an estimated one million tonnes of limestone from Picton Bay for $50 million dollars over the past five years.

“We are arguing that the Ministry of Natural Resources has been deceived,” said Victor Lind. “Picton Terminals claims all the rock it quarries is surplus to port improvements. That allows them to continue excavating without a specific permit for a rock quarry, and to evade all the conditions of the Aggregate Resources Act.”

“We argue that its excavations go far beyond port improvements.”

“Because they are not operating under the Aggregate Resources Act, they are not paying any of the fees required. We believe that could mean over a million dollars lost to the municipality.”

The maximum penalty for the charge is $1 million, plus additional penalties, including returning any profits made during any illegal operation.

The next step is up to the Ministry of Natural Resources, which must decide if it will pursue the charge against Picton Terminals in a Crown prosecution.

Limestone excavation has been underway at the Terminals for over a decade. The Doornekamp family has sold millions of dollars worth of what it calls “surplus aggregate” to various locations across the province, most notably to the Toronto Region Conservation Authority for Ashbridges Bay shoreline construction and rehabilitation.

Correspondence from the Ministry of Natural Resources indicates the Terminals has claimed that the only reason it is quarrying limestone is to upgrade its port facilities. It has built a road, and started to build a massive outdoor dry storage bin for bulk cargo — a project it does not seem to have ever completed.

Most recently, it has been blasting the cliff face on Picton Bay to construct a platform for eight outdoor grain silos, part of a leasing arrangement with grain shipping company Parrish & Heimbecker.

In short, the Terminals says that its quarrying operations do not require a licence from MNRF because they are being performed solely in the service of property upgrades.

A drone survey the Picton Terminals property showing the extent of its quarrying was posted by the Toronto Star Wednesday morning.