York County officials affirm they can’t stop the Silfab Solar plant despite community opposition and lawsuits.
YORK COUNTY, S.C. — York County officials defended their approval of a Canadian solar manufacturing plant Tuesday, saying they lack the authority to halt the project despite mounting community opposition and pending lawsuits over safety concerns near a new elementary school.
In a public statement, York County addressed calls from residents urging officials to issue a “cease-and-desist order” against Silfab Solar, which is preparing to begin operations within two months just hundreds of feet from the under-construction Flint Hill Elementary School in Fort Mill.
“County Council does not have the power to issue a cease-and-desist order or to revoke the permits held by Silfab,” officials said in their statement Tuesday. “This is made clear by state statute and county ordinance.”
The controversy centers on community fears about chemicals used in solar panel manufacturing, particularly silane gas, which residents worry could pose risks to nearby schools and neighborhoods. Some families have already relocated rather than send their children to the new school.
“We had three families this week say they put their house on the market or have already sold their house because they had to move their kids away from Silfab,” York County Vice Chair Tom Audette told WCNC Charlotte in March.
The dispute has generated two ongoing lawsuits. One appeals a May 2024 Board of Zoning Appeals decision, while another seeks class-action status and monetary damages from a group opposed to the facility.
In January, the court rejected requests for an injunction or temporary restraining order to halt construction, county officials noted.
York County initially issued Silfab Solar a zoning verification letter in 2022, followed by a tax incentive agreement in September 2023. The company has invested significantly in the facility and expects to create jobs in the region.
Silfab Solar maintains the facility poses no threat to the community. “Our safety protocol plans have been approved by state and federal agencies,” the company said in a statement. “No, there is no threat” to nearby schools, the company added.
The county emphasized that environmental oversight rests with state and federal agencies, not local government. “The regulation of emissions/environmental permitting rests solely with the state SCDES and the EPA, not the county,” officials said.
Technical experts with the South Carolina Department of Health and Environmental Control and the Environmental Protection Agency have determined the facility’s activities are safe and compliant with regulations, according to the county.
However, residents have commissioned independent reports raising health and safety concerns about potential emissions. County officials said these reports contain data previously reviewed by regulatory agencies and fail to include “all mitigation/failsafe measures integral to a full and complete analysis.”
County officials said they will continue monitoring the situation and coordinating with appropriate agencies on emergency response protocols within their jurisdiction.
