York County clears path for solar panel site, blames misinformation for public protests

Silfab Solar will be allowed to continue with its controversial $150 million manufacturing plans in Fort Mill, according to York County.

Last month, the county Zoning Board of Appeals unanimously voted that solar panel manufacturing shouldn’t be allowed in area zoned light industrial. That decision doesn’t apply to Silfab and the company’s plans there “can’t be jeopardized” by it, according a statement Tuesday from the county.

The county released the statement just ahead of a June 29 deadline for appeals to the May 9 zoning board decision. Hundreds of residents showed up at that meeting and York County Council ones since to protest the Canadian solar panel manufacturer’s move to 7149 Logistics Lane.

At stake are also 800 new jobs expected to come with the Silfab investment.

Residents argued that the site will use dangerous chemicals on property beside where two schools are under construction. Silfab denies production will create a harmful environmental impact.

Many of the public concerns are based on ”misinformation,” according to the county.

The appeals board agreed with a Silfab property neighbor who argued solar panel manufacturing shouldn’t be a use that is allowed in light industrial zoning area, like the one on Logistics Lane.

But, the county said, that decision won’t trump a zoning verification letter issued in December 2022 by county staff.

“The letter confirmed for Silfab that solar panel manufacturing is allowed in the light industrial zoning district,” said Tuesday’s statement from the county. “That official letter gave Silfab the legal right to develop the property for its intended purpose.”

Zoning verification letters often are issued months or years before projects begin.

“Those developments can’t be jeopardized by later requests for zoning interpretations from opponents of those projects,” the county statement said.

The appeals board decision will apply to future projects, according to the county.

SC health department on Silfab chemicals

Silfab operations involve three toxic chemicals in hydrogen fluoride, hydrochloric acid and toluene, according to its state permit application. Hydrogen flouride and toluene are Category 3 air pollutants, the most toxic classification. Hydrochloric acid is Category 1, the least severe.

All pollutant levels submitted by the company would comply with environmental standards, according to a South Carolina Department of Health and Environmental Control statement. Unannounced compliance inspections are part of the permit.

Silfab had sent a permit application in June 2023 to the state Health Department for emissions at the Fort Mill facility. The health department put out a public notice in August, and extended a comment period through early November after receiving more than 400 comments.

The agency issued an air quality permit on March 1.

Silfab met with the health department June 4 to discuss plans for a shorter stack to release waste. Silfab said it isn’t a smoke stack and it won’t release toxic chemicals.

As of June 20, the state hadn’t received an air dispersion analysis from Silfab based on the shorter stack.

Silfab site industrial timeline

Along with its statement Tuesday, York County provided a timeline of the Silfab and surrounding properties.

York County rezoned a large property owned by the Eubanks family to light industrial in 1992. That includes the Silfab site and properties bought by the Fort Mill School District in 2017 and 2020.

The county approved subdividing properties for three buildings, including the Silfab one, in 2020.

In 2021, county planning staff told York County Economic Development that solar panel manufacturing was allowed in light industrial areas as part of electronic or computer product manufacturing. Solar panels weren’t specifically named in the county code however.

A county code update in March 2022 took schools out of the allowed uses for industrial properties. The school district applied in October 2022 to rezone its undeveloped property beside Silfab.

Silfab came to the county in December 2022, months prior to the school district’s rezoning was finalized in March 2023, and got confirmation that solar panel manufacturing was allowed. The zoning verification letter was issued. The appeals process for it was 30 days.

in February, a neighbor of the Silfab property asked the county whether solar panel manufacturing should be allowed, then appealed zoning staff’s decision a month later. The board of zoning appeals sided with that resident May 9.

York County continued to get complaints since, as Silfab continues with plans after that appeals board ruling. Tuesday’s statement was the second issued to update the public since mid-May.