Silfab Solar plans to resume chemical manufacturing at its Fort Mill plant as early as Oct. 18. The restart would proceed even as a court ruling that the operation violates local zoning remains under appeal.

The company must give county and state officials 72 hours' notice before restarting commissioning of chemical and gas systems at 7149 Logistics Lane, adjacent to Flint Hill Elementary School. Silfab's public statement puts the earliest notice date at Sunday, Oct. 18, while the schedule filed with the S.C. Department of Environmental Services (DES) lists Monday, Oct. 19, the Tega Cay Sun reported.

The restart follows months of halted chemical operations. On March 3, about 300 gallons of water containing potassium hydroxide leaked into an on-site stormwater pond. Two days later, the company confirmed a hydrofluoric acid drip from a prior delivery. Flint Hill Elementary closed for two days. Neither incident posed a public safety threat, according to both Silfab and York County, as The Herald first reported.

As we reported Sept. 30, Silfab hired TRC Engineers Inc. to conduct a third-party safety review from April through August. TRC found five areas where the plant did not meet code, including missing gas monitors in exhaust ducts from silane and ammonia enclosures and an ammonia relief valve that vented beneath a canopy. TRC also found no containment around the scrubber and no method to control vapors from a roof vent if acid spilled in the hydrofluoric and hydrochloric acid storage room.

TRC concluded that Silfab's existing safety measures were "consistent with industry standards for handling the chemicals of interest," WRHI reported. But because commissioning was paused during the review, TRC could not observe equipment running or test alarms. The report provides no certification or guarantee.

Director of Operations Greg Basden signed Silfab's response agreeing with all 20 of TRC's recommendations. Eight are closed, including installation of new gas monitors, an 18-by-50-foot opening cut into the ammonia canopy and a working intercom. Remaining items carry October target dates, according to the Fort Mill Sun. Silfab also committed to notify Fort Mill Schools of any Level 3 incident, its most serious category.

The zoning dispute remains unresolved. A York County circuit court upheld the York County Board of Zoning Appeals' (BZA) 5-0 decision that solar cell manufacturing is not a permitted use in light-industrial zoning, WCNC reported. The ruling does not immediately force Silfab to stop operating. Silfab's appeal of that decision remains pending.

Silfab President and CEO Paolo Maccario said in a Sept. 30 statement that employee and community safety remains the company's top priority and that many Silfab employees live and raise children in the Fort Mill area.

Scott Jensen of the Citizens Alliance for Government Integrity told The Herald that the restart changes nothing for opponents. "Solar panel manufacturing is an unlawful activity in a light industrial zone … Silfab cannot legally build solar panels on Logistics Lane according to the plain reading of the York County zoning code (and legal rulings thus far)," Jensen said.

In April, State Sen. Michael Johnson of District 16 sponsored a Senate budget proviso that would block DES from allowing Silfab to resume manufacturing, WRHI reported. Whether the proviso survived House budget negotiations has not been confirmed.

York County Council approved a tax incentive deal for Silfab on a 4-3 vote in fall 2023, based on a $150 million project that would create 800 jobs. Silfab has posted the full TRC report on its website at silfabsolarsc.com for public review.