State Sen. Michael Johnson has asked the South Carolina Department of Environmental Services and York County Council to move immediately against manufacturing at the Silfab Solar plant in Fort Mill, telling both that a recent court ruling leaves no legitimate dispute over whether the operation is allowed.
Johnson, who represents Senate District 16 covering Lancaster and York counties, sent the letter July 24. It is addressed to Myra Reese, director of the state Department of Environmental Services, and to York County Council Chairwoman Christi Cox and the members of the council.
The letter follows a July 21 order in which Circuit Judge William McKinnon affirmed a York County Board of Zoning Appeals decision that solar panel manufacturing is not a permitted use in the Light Industrial district where the plant sits. Johnson argues that the ruling shifts the matter from a policy debate to a question of enforcement.
“Government cannot selectively enforce the law,” he wrote. “When a court has affirmed that a use is prohibited under the zoning ordinance, continued inaction is no longer a matter of policy. It is a failure to enforce the law.”
What Johnson wants from the state agency
Johnson directed four requests to Reese and the Department of Environmental Services.
- “Decline to enter into any consent agreement, settlement, or other arrangement that would authorize or expand Silfab’s manufacturing operations in any manner,”
- “Open a formal investigation into why Silfab was permitted to construct a 50-foot acid scrubber stack when the approved permits required a 70-foot stack, and determine whether any permitting violations occurred.”
- “Pursue every legal avenue available to prevent Silfab from manufacturing – or preparing to manufacture – at the Fort Mill facility, including intervening at the Court of Appeals and other pending litigation where appropriate.”
- “Issue a statement that the Order stays Silfab’s chemical operations until such activities fully comply with future com1 directives.”
What he wants from York County
Johnson made two requests of York County Council.
- “Provide every legal and financial resource necessary to defend the Board of Zoning Appeals against any appeal filed by Silfab” following McKinnon’s order.
- “Immediately revoke any manufacturing permits or authorizations issued to Silfab, issue a cease and desist order prohibiting manufacturing activities at the facility, and permanently prohibit manufacturing operations at that location unless and until such activities fully comply with applicable zoning and environmental laws.”
Johnson wrote that York County has previously maintained it lacks the authority to issue a cease and desist order, and that he disagrees. “The Attorney General of South Carolina has already concluded that the County possesses that authority,” he wrote, “and Judge McKinnon’s Order removes any remaining doubt that the County has both the legal authority and the legal obligation to enforce its own zoning ordinance.”
A renewed push
Johnson noted that he wrote to the zoning board on May 9, 2024 urging its members to weigh whether Silfab’s activities complied with the Light Industrial designation, and that the board later found they did not. He wrote that earlier this year he and Sen. Wes Climer publicly called on the environmental agency to suspend Silfab’s operations and urged York County to revoke the company’s permits and licenses. He said the court order leads him to renew those requests with greater urgency.
The letter ties the timing to the school calendar. Johnson wrote that classes resume Aug. 6 and that every day without enforcement prolongs a risk the court has already found is supported by substantial evidence in the record.
“As elected officials and public servants, we each swore an oath to uphold the laws of South Carolina,” Johnson wrote in closing. “That oath requires us not merely to recognize unlawful conduct, but to take appropriate action when a court has confirmed that it exists.”
The letter does not carry the force of law. It is a request to a state agency and a county body that hold separate authority over the site, and neither is bound to act on it.
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Thomas Hyslip lives in Tega Cay with his wife and daughter. After 27 years in the U.S. Army and Federal Law Enforcement, he retired to pursue his passion for teaching. Tom is now an Assistant Professor of Instruction at the University of South Florida. In 2 short years he has won 10 awards from the South Carolina Press Association, including first place in column writing, education beat reporting and best podcast.
