The Fort Mill School District filed a formal objection to Silfab Solar's plan to restart chemical operations at its Fort Mill plant by Monday, Oct. 19.
The district called the timeline "wholly premature" in a letter to the state's environmental regulator, arguing the company has not completed critical safety upgrades recommended by an independent engineering firm. Attorney Daniel J. Ballou of Morton & Gettys submitted the letter Friday, Oct. 2, to Myra C. Reece, director of the South Carolina Department of Environmental Services (SCDES), the Fort Mill Sun reported.
"A plan to implement recommendations is not the same as implementation of those recommendations," Ballou wrote, "particularly where the outstanding items concern system functionality, alarm and interlock verification, operating procedures, operator training, emergency communication, and process safety controls."
Safety gaps cited
TRC Engineers issued its evaluation of Silfab's chemical systems on Wednesday, Sept. 30. Silfab filed its response the same day, according to the district's objection letter.
The letter identifies specific items TRC recommended be completed before startup that Silfab has scheduled for after its proposed restart:
- Leak detection alarms and interlocks: Silfab lists an Oct. 31 completion date.
- Three-way valve validation on chemical deposition tools: scheduled for Oct. 28.
- Operator training materials for wet and hot tools: still under development, with no completion date set.
TRC also noted it could not field-verify equipment construction, interlock functionality, or process-control programming because commissioning was paused. The report states it provides no certification or guarantee concerning leak prevention or regulatory compliance.
Notification plan called 'unacceptable'
The objection letter also challenges Silfab's proposed emergency notification plan. Under that plan, the school district would be alerted only during a "Level 3" spill or release, defined as an incident requiring widespread evacuation.
The district called that threshold "unacceptable."
District officials told TRC that parents call schools each time an emergency vehicle responds to the Silfab plant and that notifications from the company had dropped off in recent months, according to a Tega Cay Sun report.
Four demands
The district's letter makes four demands of SCDES:
- Confirm Silfab may not restart until all TRC recommendations are implemented, including an effective communication plan developed with the district.
- Require Silfab to submit documentation proving completion of each recommendation before any restart.
- Allow SCDES to review that documentation before Silfab provides the 72-hour restart notice required under its compliance agreement.
- Maintain existing equipment shutdowns and access restrictions for regulated substances.
As of Oct. 2, the district's counsel said there was no indication SCDES had reviewed or commented on Silfab's Sept. 30 implementation plan.
Background
Silfab's operations have been halted under a compliance agreement with SCDES since March 16, after approximately 300 gallons of scrubber water containing potassium hydroxide escaped from the plant at 7149 Logistics Lane on March 3. The release traveled across the property and reached a stormwater retention pond. A separate hydrofluoric acid drip and a June 3 propane incident that forced an evacuation also occurred.
The March incidents temporarily closed Flint Hill Elementary School for several days, as first reported by WSOC TV.
Silfab agreed with all 20 TRC recommendations in its Sept. 30 response and reported eight as closed, according to the Tega Cay Sun. No Silfab statement specifically addressing the district's objection letter has been made public.
State Rep. David Martin told WSOC TV on Oct. 2 that he disagreed Silfab had fully completed the safety measures outlined in its third-party report and called for an executive order to halt the restart.
Silfab's appeal of a court ruling that solar cell manufacturing is not permitted under the site's light industrial zoning remains pending.
