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Fort Mill residents say controversial solar plant was given permit after public denial

The main concern is with how close the proposed Silfab plant would be to new schools given the pollutants and safety fears involved.

FORT MILL, S.C. — Even though York County leaders recently denied a zoning permit for a potential solar panel plant in the Fort Mill area, residents now tell WCNC Charlotte the permit was later approved without public notice.

The company in question is Canada-based Silfab Solar, which first eyed the area for expansion in 2023. At the time, neighbors were chiefly worried about the traffic along US-21, especially because nearby land was being cleared for future schools.

York County leaders approved a deal to bring Silfab to the community in September 2023, with the promise of hundreds of jobs and plenty of investment in exchange for a tax break. However, the pushback to Silfab began to include worries about possible air pollutants and the potential health impacts. Neighbors wanted a report from the South Carolina Department of Health and Environmental Control (DHEC) on the impacts on air and water before that, but county councilman William "Bump" Roddey said it wouldn't "hold up a fee in lieu based off what DHEC is yet to determine" at the time.

Council members also noted then that Silfab would need permits from DHEC before beginning operations.

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In October 2023, DHEC held a public hearing to discuss concerns with Fort Mill residents, with specific concerns about the proximity to schools as a particular sticking point. A permit writer with the agency said Silfab proposed the installation of two wet acid scrubbers to control emissions and that DHEC's own analysis found the plant's emissions would be well under the annual federal limit.

Still, neighbors had another key concern: safety. On Wednesday, WCNC Charlotte reporter Austin Walker spoke with Jessica Axe, a resident and mom who was upset with the sudden change.

"That white building off in the distance, that is the plant," she said, pointing away as she was handling yard work. "I don't want it anywhere near Fort Mill."

Axe said in addition to the worries about pollutants, she worries about what could happen if a major accident happened.

"One wrong backfire from a car, light a match the wrong way -- the whole area could explode," she said. "We have schools across the street that are being built and will have 600 students in them."

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The concerns about a possible plant accident and the pollutants leave Axe worried for her 10-year-old daughter.

"I'll be afraid for her to go outside," she said.

Axe was also shocked at the lack of public discussion regarding the approval for Silfab by the council.

"Why go back on your word?" she asked.

WCNC Charlotte reached out to the county council to ask how the permit was approved after being voted against but did not hear back before 5 p.m. However, the following statement from the county government was shared just before 8 p.m., saying there was confusion over the permit granted and what it entails.

Following is the statement in full:

York County has received many questions over the stormwater construction permit issued by SCDHEC on May 14, 2024.  There appears to be some confusion about what this permit covers, and what it does not.  This is a permit to alter the design of a parking lot and relocate utilities, and nothing more. It is not a permit for construction of a solar cell facility.  The same process would be followed for any land disturbance activities throughout the state.  This activity has absolutely nothing to do with zoning.

For clarification, please note that stormwater construction permits are part of an EPA program delegated down to the state, which is delegated down to the county under a program called the Municipal Separate Storm Sewer System, or MS4.  The county operates under a permit issued by DHEC to review these permit applications for technical sufficiency.  Once the county has approved the application, it is forwarded on to DHEC, and DHEC staff grants coverage under the State General Permit for Stormwater Discharges from Construction Activities, permit SCR100000.   

In the case of Silfab, the company submitted a stormwater construction permit to York County because it needed to change the alignment of its parking lot and some underground utilities.  On April 24, 2024, the County approved the associated realignment plans, and sent them on to DHEC.   When the building and parking lot was constructed several years ago, the owner of the site went through the same process.  The stormwater construction plans met all technical requirements for sediment management found in County sediment management ordinances and the State General Permit.  On May 14, 2024, DHEC issued coverage under the State General Permit.

Outreach was also made to Silfab Solar about plans to keep residents safe, but that has also gone unanswered.

Contact Austin Walker at awalker@wcnc.com and follow him on Facebook, X and Instagram.

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