In a scathing formal objection to state environmental regulators, legal counsel for the Fort Mill School District has called for an immediate halt to Silfab Solar, Inc.’s plans to restart chemical commissioning at its local facility, warning that the manufacturer is attempting to fire up operations before completing critical safety and leak-prevention upgrades.
The objection letter, submitted to South Carolina Department of Environmental Services (SCDES) Director Myra C. Reece by attorney Daniel J. Ballou of Morton & Gettys, comes after Silfab signaled it intends to resume commissioning activities as early as October 19, 2026. School district officials argue the proposed timeline dangerously outpaces Silfab’s fulfillment of mandatory safety recommendations outlined by an independent engineering firm.
The showdown follows a string of hazardous chemical mishaps at the 7149 Logistics Lane site earlier this year. On March 3, approximately 300 gallons of scrubber water laced with corrosive potassium hydroxide spilled across the property, breached a storm drain, and washed into a retention pond — an incident blamed on valve failures, human error, unshielded piping, and a damaged drain line. Subsequent events included a hydrofluoric acid drip and a June 3 propane scare that forced a facility evacuation. During that emergency, Silfab’s internal intercom system failed, forcing managers to broadcast evacuation notices via post-hoc Microsoft Teams messages sent to a public group text.
Those incidents prompted state and federal regulators to issue a Directive to Cease Operations, resulting in a formal March 16 Compliance Agreement. Under that decree, Silfab was barred from handling regulated substances until third-party evaluator TRC Engineers, Inc. conducted a thorough audit of the plant’s chemical safety systems and Silfab fully implemented its findings.
While TRC issued its final evaluation report on September 30, the school district contends that Silfab’s response — submitted the exact same day — relies on a high-risk strategy: resuming operations while vital safeguards remain incomplete.
According to the district’s filing, Silfab’s own schedule defers key safety milestones until after its targeted October 19 restart date:
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Leak Detection & Interlocks: TRC advised finalizing leak sensors, alarms, and system shutoff interlocks before startup. Silfab’s schedule lists a completion date of October 31.
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Toxic Gas Valves: TRC called for verifying proper flow and function on PECVD-tool three-way valves before introducing silane — a pyrophoric gas that ignites spontaneously in air. Silfab proposes validating these valves mid-commissioning through October 28.
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Emergency Communications: Silfab’s proposed notification protocol would only alert school officials during “Level 3” catastrophes — widespread, maximum-severity releases — leaving local educators in the dark during minor or moderate toxic spills.
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Personnel Readiness: Essential operator training manuals for dangerous wet and hot tools remain under development, with plans to refine them on the fly during active operations.
Furthermore, TRC’s audit noted that because the facility was shut down during inspection, engineers were unable to field-verify equipment integrity, test live interlocks, observe alarm responsiveness, or validate process-control code under actual working conditions.
“A plan to implement recommendations is not the same as implementation of those recommendations,” Ballou wrote, stressing that state law under S.C. Code Ann. § 48-1-90 mandates active protection against environmental and public health hazards.
The district is urging the SCDES to maintain strict lockout/tagout restrictions on all chemical equipment. They demand that Silfab be forced to provide objective proof of completed safety testing, calibrated alarms, and an acceptable emergency notification protocol tailored for local schools before any 72-hour restart notice is entertained by the state.
