When you must report a chemical leak or spill in SC

FORT MILL, S.C. — Silfab Solar’s Fort Mill plant suffered two chemical leaks this week. One on Tuesday followed by another leak on Thursday, both prompting investigations by state environmental regulators. The second leak forced Flint Hill Elementary School to close and led the South Carolina Department of Environmental Services to order the facility to cease operations pending review.

You don’t have to report every chemical spill or leak, Action 9 attorney Jason Stoogenke says.

And it really comes down to two things.

1. If you have certain chemicals and a certain amount leaks or spills, you must report it. 
2. If you only have one of those, you may not have to.

At least two federal laws come into play: The Comprehensive Environmental Response, Compensation, and Liability Act and the Emergency Planning and Community Right to Know Act.

The first lists “hazardous” substances. And, yes, hydrofluoric acid is among them. The second lists “extremely” hazardous substances. And hydrogen fluoride, a relative of hydrofluoric acid – is on there as well.

That means you must report a spill or leak if it’s a certain amount – what’s called – it’s “reportable quantity.” But, again, if it’s below that number you may not have to report it.

So, in this case, it looks like it was a reportable chemical, but it’s not clear if it was a reportable amount.

How do you report it? Well, obviously, you call 911. But the law says you have to do more than that.

In South Carolina, call the Department of Environmental Services Emergency Response number at 888-481-0125 or 803-253-6488. Calling a ‘local’ DES office does not count as reporting.

In North Carolina, call the Emergency Operations Center at 800-858-0368.

And -- in both states -- you usually need to tell the federal government as well, by calling the National Response Center at (800) 424-8802.

And, legally, you may have to provide a follow-up ‘written’ report “as soon as practicable” after the release.

VIDEO: 2nd chemical leak at Silfab Solar prompts school closure and operational halt

2nd chemical leak at Silfab Solar prompts school closure and operational halt

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