Silfab Solar has now been forced to pause operations by SCDES after a massive chemical spill triggered a hazmat response at its Fort Mill factory this morning, according to York County Officials.
The spill began around 9:00 am, according to images we received from workers on site. The first fire truck arrived on scene at 9:49 am and the first York County Emergency Management HAZMAT truck arrived on scene at 10:46 am.
According to York County Officials, roughly 1,530 gallons of potassium hydroxide were released into Silfab’s retention pond, which border’s Flint Hill Elementary School and which feeds into the Fort Mill watershed.
At the time of the spill, school was in session. School officials were made aware of the spill at about 10 am. At the time of the spill, children were also playing outside, just feet from the retention pond, according to testimony from numerous parents.
The Fort Mill School District sent a message to parents Tuesday stating the following:
“Good Morning Flint Hill Parents and Staff,
The district has been notified by York County Emergency Management of a chemical leak at the Silfab facility. Emergency Management is onsite at the facility and has confirmed that this poses no danger to our schools or the community. We have also verified with Citadel EHS that our air monitoring system has not registered any contaminates on our school sites.
York County Emergency is handling the response to this issue and will continue to advise the district and community of any concerns.
The Fort Mill School District”
According to Silfab’s Slug Discharge Report, potassium hydroxide is one of the least toxic chemicals they plan on storing on site.
According to the University of South Carolina’s Silfab Health Risk Assessment, Silfab’s Ammonia, Nitrous Oxide, Hydrochloric acid, and Hydrofluoric acid pose “life-threatening effects or death” to children at Flint Hill Elementary.
In a recent legal filing, the York County BZA, a quasi-judicial branch of York County, stated that Silfab’s permits did not comply with the zoning code.
Silfab’s leased property is located in a light industrial zone, yet their operations were ruled heavy industrial by the BZA in May 9th, 2024, before any of Silfab’s permits were issued.
In Silfab’s appeal of the BZA ruling (case #2024CP4602641), York County BZA attorneys state, in part;
“…Buchanan’s request for a Zoning Code Interpretation sought to confirm whether
Silfab’s solar cell and panel manufacturing use complies with all applicable zoning provisions, including the table of uses governing the Light Industrial District where the Facility is located…” (pg 5/18)
“…As the Facility’s neighbor, Buchanan surely has an interest in confirming whether Appellants’ solar cell and panel manufacturing use complies with the Zoning Code. If it does not, as the BZA found, interested parties (including Buchanan and, of course, the County) can obtain a court order enjoining the disallowed use as well as other relief. S.C. Code Ann. § 6-29-950 (authorizing both local governments and an “adjacent or neighboring property owner” to sue to enjoin the unlawful use of property)…” (pg 10/18)
“…the record supports the BZA’s decision that solar cell and panel manufacturing is an unlisted, prohibited use of a heavy industrial nature…” (pg 11/18)
Silfab’s permits are now legally void, according to York County Code § 155.1121, “No building permit shall be issued… until zoning compliance has been approved by the Zoning Administrator”, and according to SC Peterson v. Greenville County, 2011, “An invalid zoning permit issued in violation of applicable zoning laws confers no rights and is void ab initio”.
Senators Wes Climer and Michael Johnson are now calling on York County officials to revoke Silfab’s unlawful permits and shut down their operations.
The York County Council will now have to decide if they will attempt to re-zone Silfab’s property to heavy industrial or if they will revoke the permits that were issued to Silfab in violation of the zoning code.
