An Aiken County judge has declined a request by Fort Mill residents to halt construction on the controversial Silfab Solar manufacturing plant.
In a Jan. 29 order, visiting Judge Martha Rivers paused a case seeking to stop construction on the plant and revoke all permits.
Citizens Alliance for Government Integrity, the nonprofit group of residents who filed the case, argued Silfab could pose a threat to nearby properties in the event of a spill or leak. Two new schools are slated to move in next door. The company said it meets all safety requirements.
The future of the neighbors’ case hinges on a ruling in a second lawsuit brought by Silfab seeking to overturn a zoning decision by York County’s Board of Zoning Appeals. Attorneys for York County, Silfab and Citizens Alliance must first meet for mediation before the case can proceed to trial, which resident Scott Jensen said is an inevitability.
“It’s a little frustrating, just the delay of it all,” said Jensen, a leader in the movement against Silfab. He said it’s “good news” that Rivers chose to pause, rather than toss out, their case and believes Citizens Alliance is positioned to win in the end.
In a statement, the Canadian manufacturing company said it was also pleased with the court’s decision and hopes the zoning appeals case “will bring clarity and finality.”
“While that process continues, we will keep moving forward with construction, and we remain committed to bringing significant economic benefits to this region while prioritizing the health and safety of our employees and our neighbors,” the statement reads.
The $150 million project is projected to create 800 jobs at 1749 Logistics Lane, an industrial site in Fort Mill between Interstate 77 and U.S. 21.
Silfab and Exeter 1749 Logistics, the property owner, filed suit against the Board of Zoning Appeals in June.
In December 2022, York County planning staff notified Silfab that the company was allowed to manufacture its solar panels in light industrial areas like the Logistics Lane site, but the planning staff did not have solar cell manufacturing named in its zoning code. The staff determined it should be allowed in light industrial areas.
The owner of a neighboring property appealed that determination, and the Board of Zoning Appeals voted unanimously in his favor in May. They said solar panel manufacturing should be considered heavy industrial, a different zoning usage that is not allowed at the Logistics Lane site.
In June, York County said the zoning appeals board ruling did not apply to Silfab since it had already received approval from county planners to build on the Fort Mill property. The ruling would only apply to future projects, according to the county.
York County online records list 21 issued or completed permits for the 53-acre, multi-business property at Logistics Lane. Some pre-date Silfab. The vast majority of the $63.7 million in combined project value, though, relates directly to Silfab.
In December 2020 the county approved seven commercial retaining walls at the site. The following February, the county approved two buildings.
One was a 221,000-square-foot warehouse “designed for high-piled combustible storage,” according to the permit. In January 2022 the county approved a nearly $490,000 building upfit without a proposed tenant, which later became a $1.8 million project for industrial distributor Motion Industries.
The county approved a $630,000 upfit to another building in February 2020. Silfab was first named at that site in June 2023 with a $556,000 storage space permit within the warehouse. Power and land disturbance permits followed. Last August, Silfab received six more permits.
The largest was a more than 816,000-square-foot upfit to a main warehouse, a job valued at $58.6 million. The county permitted construction of a central energy plant building at $1.2 million, and a separate chemical building at nearly $790,000. Smaller permits allowed a wall and monument sign, plus electricity to a trailer.
In December, the most recent permit was approved to install electric wire to a small office trailer.
Along with construction permits tied to the property, Silfab has planning permits tied to the company.
One is a zoning verification letter that was issued by the county, but is now listed as withdrawn in its review stage. That letter, stating the site could allow solar panel manufacturing, has been a hot debate topic since the county Zoning Board of Appeals voted solar panel production shouldn’t be allowed in light industrial areas like the Logistics Lane site.
The other planning permit is listed as open. It involves upfitting the building for a clean room to manufacture solar panels, construction of three buildings on the north side of the property and bulk gas storage.
The Herald
Nick Sullivan is The Observer’s regional accountability reporter for York County and the South Carolina communities that border Charlotte. He studied journalism at the University of South Carolina, and he previously covered education for The Arizona Republic and The Colorado Springs Gazette.