PROPOSED REVISION JUNE 27, 2026

SPARTANBURG COUNTY, SOUTH CAROLINA

ORDINANCE NO. _-20

AN ORDINANCE ESTABLISHING A COMPREHENSIVE REGULATORY FRAMEWORK FOR MAJOR DATA CENTER FACILITIES WITHIN SPARTANBURG COUNTY, SOUTH CAROLINA; PROVIDING FOR DEVELOPMENT STANDARDS, TRANSPARENCY, AND ACCOUNTABILITY; AND PROVIDING FOR RELATED MATTERS

WHEREAS, the County Council of Spartanburg County, South Carolina finds that Major Data Center Facilities constitute a unique form of critical infrastructure that differs substantially from traditional industrial, warehouse, office, manufacturing, or commercial developments; and

WHEREAS, the County Council finds that Major Data Center Facilities require specialized review and oversight appropriate to their scale, technical complexity, and potential community impacts; and

WHEREAS, the County Council finds that a comprehensive regulatory framework governing the location, approval, construction, operation, expansion, monitoring, transparency, accountability, and decommissioning of such facilities is necessary to protect the public health, safety, and welfare of the citizens of Spartanburg County; and

WHEREAS, the County Council further finds that responsible governance of such facilities requires lifecycle accountability, public transparency, and measurable performance standards throughout the operating life of each facility;

NOW, THEREFORE, BE IT ORDAINED by the County Council of Spartanburg County, South Carolina, as follows:

SECTION 1. TITLE AND PURPOSE

1.1 Title

This Ordinance shall be known and may be cited as the Spartanburg County Comprehensive Data Center Ordinance.

1.2 Purpose and Intent

This Ordinance is enacted to establish a comprehensive regulatory framework governing the location, approval, construction, operation, expansion, monitoring, transparency, accountability, and decommissioning of Major Data Center Facilities within Spartanburg County, South Carolina.

The County Council finds that Major Data Center Facilities constitute a unique form of critical infrastructure that differs substantially from traditional industrial, warehouse, office, manufacturing, or commercial developments and therefore require specialized review and oversight commensurate with their scale and community impact.

SECTION 2. DEFINITIONS

As used in this Ordinance, the following terms shall have the meanings set forth herein:

"Applicant" means any person, corporation, limited liability company, partnership, joint venture, governmental entity, or other legal entity applying for Conditional Use approval or any permit under this Ordinance.

"Computing Space" means enclosed floor area dedicated to the housing, operation, or support of computing, networking, storage, or related infrastructure equipment.

"County" means Spartanburg County, South Carolina.

"County Council" means the County Council of Spartanburg County, South Carolina.

"County Attorney" means the attorney or attorneys designated to provide legal counsel to Spartanburg County.

"Facility" means a Major Data Center Facility as defined herein.

"Major Data Center Facility" means any facility consisting of dedicated computing infrastructure intended for cloud computing, artificial intelligence processing, cryptocurrency operations, high-performance computing, colocation services, enterprise data processing, or substantially similar activities, that meets one or more of the following criteria:

(a) More than fifty thousand (50,000) square feet of enclosed Computing Space; or

(b) More than fifty (50) megawatts of electrical demand; or

(c) Any expansion of an existing facility that causes such facility to exceed either threshold set forth in subsections (a) or (b) above.

"Operator" means any person or entity responsible for the ongoing operation of a Major Data Center Facility following construction and commissioning.

"Public Service Commission" means the South Carolina Public Service Commission.

SECTION 3. APPLICABILITY

This Ordinance shall apply to all Major Data Center Facilities proposed for development, construction, expansion, or operation within the unincorporated areas of Spartanburg County, South Carolina.

SECTION 4. CONDITIONAL USE REQUIREMENT

4.1 Conditional Use Approval Required

No Major Data Center Facility shall be developed, constructed, expanded, or operated within Spartanburg County except upon the granting of Conditional Use approval by the County Council in accordance with this Ordinance.

4.2 Prohibition on Permits Prior to Approval

No building permit, site permit, grading permit, utility permit, development permit, or any other permit associated with a Major Data Center Facility shall be issued by any County department, office, or official prior to the granting of Conditional Use approval pursuant to this Ordinance.

SECTION 5. MINIMUM SETBACKS

5.1 Required Setbacks

No data center building, cooling equipment, substation, power generation equipment, battery storage facility, transformer yard, mechanical equipment, or associated infrastructure comprising part of a Major Data Center Facility shall be located within one thousand (1,000) feet of any of the following:

(a) Residentially zoned or residentially used property;

(b) Schools;

(c) Churches or other houses of worship;

(d) Hospitals or medical facilities;

(e) Assisted living facilities;

(f) Nursing homes or skilled nursing facilities;

(g) Public parks; or

(h) Public recreation facilities.

5.2 Increased Setbacks

The County Council may, in its discretion, require setbacks greater than those specified in Section 5.1 where warranted by site-specific conditions, potential impacts to adjacent properties, or other relevant considerations.

SECTION 6. REQUIRED APPLICATION MATERIALS

6.1 Submission Requirements

Each Applicant seeking Conditional Use approval under this Ordinance shall submit to the County, at the time of application, the following documents and plans:

(a) Site Plan;

(b) Utility Plan;

(c) Electrical Infrastructure Plan;

(d) Water Supply Plan;

(e) Wastewater Plan;

(f) Traffic Impact Analysis;

(g) Environmental Impact Analysis;

(h) Noise and Acoustic Analysis;

(i) Emergency Response Plan;

(j) Security Plan;

(k) Visual Impact Assessment;

(l) Heat Management Assessment;

(m) Decommissioning Plan;

(n) Community Impact Statement;

(o) Construction Management Plan;

(p) Quarterly Reporting Plan; and

(q) Public Transparency Plan.

6.2 Professional Certification

All technical reports, plans, studies, and analyses required by this Section shall be prepared and sealed by appropriately licensed professionals holding current licensure in the State of South Carolina or otherwise authorized to practice in this State.

SECTION 7. ENERGY ALLOCATION CERTIFICATION

7.1 Certification Required

Prior to the granting of Conditional Use approval, the Applicant shall provide to the County Council a written certification from the South Carolina Public Service Commission demonstrating each of the following:

(a) The proposed Facility will not cause residential or small-business ratepayers to subsidize electrical infrastructure serving the Facility;

(b) Any required transmission upgrades are allocated appropriately and not borne by existing ratepayers;

(c) Any required generation upgrades are allocated appropriately and not borne by existing ratepayers;

(d) Any required substation improvements are allocated appropriately and not borne by existing ratepayers;

(e) All proposed or anticipated utility incentives associated with the Facility are fully disclosed;

(f) The projected power demand of the Facility over an initial twenty-year (20-year) period has been provided, with updated projections to be submitted every five (5) years thereafter for an additional twenty-year (20-year) period; and

(g) The proposed source of electrical supply for the Facility has been identified.

7.2 Additional Documentation

The County Council may require additional documentation from the applicable utility, the Public Service Commission, or any other relevant regulatory agency as necessary to evaluate compliance with the requirements of this Section.

SECTION 8. FEE IN LIEU OF TAXES DISCLOSURE

8.1 Public Disclosure Required

Any proposed Fee In Lieu of Taxes Agreement relating to a Major Data Center Facility shall be publicly disclosed not less than thirty (30) days prior to the first reading of any such agreement before the County Council.

8.2 Required Disclosure Content

Such public disclosure shall include, at a minimum, the following information:

(a) Total proposed investment;

(b) All proposed tax incentives;

(c) All proposed tax abatements;

(d) Estimated annual tax payments under the agreement;

(e) Duration of the agreement;

(f) Infrastructure commitments of the Applicant;

(g) Job creation commitments of the Applicant; and

(h) All public costs associated with the project.

SECTION 9. CONFIDENTIALITY, PUBLIC DISCLOSURE, AND FREEDOM OF INFORMATION ACT COMPLIANCE

9.1 Purpose

The County Council finds that major data center developments frequently require substantial pre-development activities, including confidential site selection, land acquisition, utility negotiations, financing arrangements, engineering evaluations, vendor negotiations, and economic development discussions. The County Council further finds that premature public disclosure of certain information during the pre-development phase may adversely affect land acquisition, financing, competitive positioning, and project viability.

This Section is intended to balance the legitimate confidentiality interests of project development with the public's right to meaningful transparency prior to governmental action on any proposed Major Data Center Facility.

9.2 Confidentiality During Project Development

The County may enter into confidentiality agreements, non-disclosure agreements, or substantially similar arrangements with a prospective data center developer, utility provider, economic development organization, consultant, advisor, or related party during the project planning, negotiation, land acquisition, due diligence, financing, utility commitment, and pre-development phases of a proposed Facility.

Such agreements may remain in effect until the public disclosure obligations established in Section 9.3 of this Ordinance become applicable.

Nothing in this Section shall be construed to require public disclosure of confidential information during the preliminary planning and negotiation phase when such disclosure would materially impair land acquisition efforts, project financing, utility negotiations, vendor negotiations, economic development activities, or the competitive position of the developer.

9.3 Mandatory Public Disclosure Prior to First Reading

Not less than thirty (30) days prior to the first reading before County Council of any ordinance, development agreement, Fee In Lieu of Taxes Agreement, incentive agreement, zoning approval, Conditional Use approval, infrastructure agreement, or other governmental approval associated with a Major Data Center Facility, the Applicant shall implement the Public Transparency Plan required under this Ordinance.

At a minimum, the following information shall be publicly disclosed no later than thirty (30) days prior to such first reading:

(a) Identity of the Applicant and the controlling project entity;

(b) General project description;

(c) Site location and acreage;

(d) Proposed building square footage;

(e) Planned electrical demand;

(f) Water demand projections;

(g) Wastewater projections;

(h) Description of cooling technology to be employed;

(i) On-site power generation plans;

(j) Utility infrastructure requirements;

(k) Noise modeling plan and acoustical mitigation measures;

(l) Environmental permitting status;

(m) Public Service Commission-related filings or certifications required by this Ordinance;

(n) Proposed Fee In Lieu of Taxes Agreement, if any;

(o) All proposed public incentives;

(p) Expected employment estimates;

(q) Construction schedule and major project phases; and

(r) Public contact information for the submission of written comments.

The County Council may require additional disclosures where necessary to permit meaningful public review of the proposed project.

9.4 Information Eligible for Confidential Treatment

The following categories of information may be treated as confidential and withheld from public disclosure unless otherwise required by applicable law:

(a) Specific processor types, computing architectures, chip designs, accelerator technologies, networking technologies, storage technologies, or other proprietary technical specifications;

(b) Internal facility operating methodologies;

(c) Cybersecurity systems, physical security systems, or critical infrastructure security measures;

(d) Vendor identities, vendor pricing, and supply chain arrangements protected by contract;

(e) Proprietary engineering designs, proprietary software systems, and trade secrets;

(f) Investor identities protected by applicable law;

(g) Financing structures and negotiations not otherwise required for public disclosure;

(h) Customer identities, customer contracts, and intellectual property;

(i) Competitively sensitive business information; and

(j) Any information otherwise exempt from disclosure under the laws of the State of South Carolina.

9.5 Determination of Confidential Status

Prior to implementation of the Public Transparency Plan, the Applicant shall identify in writing all information for which confidential treatment is claimed.

The County Attorney shall review all such claims and determine whether the information is eligible for confidential treatment under applicable law. The burden of demonstrating eligibility for confidential treatment shall remain with the Applicant.

9.6 South Carolina Freedom of Information Act Compliance

Nothing in this Ordinance shall supersede or be construed to limit the application of the South Carolina Freedom of Information Act.

All records held by Spartanburg County shall remain subject to the applicable provisions of the South Carolina Freedom of Information Act and all exemptions provided therein. The County shall respond to all Freedom of Information Act requests in accordance with applicable law.

Where information has been identified as confidential pursuant to this Section and is exempt from disclosure under South Carolina law, the County may redact such information prior to the release of responsive records. When a Freedom of Information Act request seeks records containing both public and confidential information, the County shall provide all non-exempt portions of such records while appropriately redacting exempt information.

9.7 Continuing Confidentiality After Project Approval

The public disclosure requirements of this Ordinance shall not be construed to require disclosure of trade secrets, proprietary business information, security-sensitive information, protected utility infrastructure information, confidential commercial information, intellectual property, or any other information exempt from disclosure under applicable South Carolina law. Such protections shall continue throughout the development, construction, operation, expansion, and decommissioning of the Facility.

9.8 Public Access to Required Disclosures

All information required to be disclosed pursuant to this Ordinance shall be made available for public inspection not less than thirty (30) days prior to the first reading before County Council and shall remain available for public inspection through the date of final action by County Council.

Following final action, all ongoing reports required by this Ordinance shall be maintained in accordance with Section 15 of this Ordinance and made available for public inspection at the Spartanburg County Courthouse.

9.9 Legislative Intent

It is the intent of this Section to encourage legitimate economic development discussions and project planning activities while ensuring that citizens of Spartanburg County receive meaningful information and adequate time to evaluate proposed projects before County Council takes final action thereon.

SECTION 10. ENVIRONMENTAL REVIEW

10.1 Required Agency Submissions

The Applicant shall submit to the County evidence of all applicable reviews, permits, approvals, and certifications from the following agencies, as applicable to the proposed Facility:

(a) South Carolina Department of Environmental Services;

(b) South Carolina Department of Public Health;

(c) United States Environmental Protection Agency;

(d) United States Army Corps of Engineers;

(e) South Carolina Department of Natural Resources; and

(f) Any other federal, state, or local regulatory agency with jurisdiction over aspects of the proposed Facility.

SECTION 11. WATER MANAGEMENT

11.1 Required Disclosures

Each Applicant shall disclose the following information regarding the proposed water use associated with the Facility:

(a) Maximum daily water use;

(b) Average daily water use;

(c) Annual water use;

(d) Source of water supply;

(e) Drought management plan;

(f) Description of cooling technology to be employed;

(g) Projected wastewater generation; and

(h) Water conservation measures to be implemented.

11.2 Cooling Technology Preference

Closed-loop cooling systems or more advanced methods utilizing lesser quantities of water shall be preferred whenever technically feasible. The Applicant shall provide written justification where such systems are determined not to be technically feasible for the proposed Facility.

SECTION 12. HEAT MANAGEMENT

12.1 Required Analysis

Each Applicant shall submit a Heat Management Assessment analyzing the following:

(a) Projected heat generation associated with facility operations;

(b) Heat plume impacts on surrounding properties and natural resources;

(c) Heat island effects;

(d) Waste heat recovery opportunities; and

(e) Long-term thermal impacts on the surrounding environment.

SECTION 13. NOISE, SOUND MODELING, LOW-FREQUENCY SOUND, AND INFRASOUND

13.1 Purpose

The County Council finds that the acoustic impacts of Major Data Center Facilities, including audible sound, low-frequency sound, and infrasound, represent significant potential impacts on surrounding properties and residents and require comprehensive analysis, mitigation, and ongoing monitoring.

13.2 Design-Phase Acoustic Modeling and Mitigation Plan Required

Prior to Conditional Use approval and prior to the issuance of any building permit, the Applicant shall prepare and submit to the County a comprehensive Acoustic Modeling and Sound Mitigation Plan prepared and certified by a qualified acoustical engineering firm.

The purpose of the Acoustic Modeling and Sound Mitigation Plan shall be to identify, predict, and mitigate all significant sound emissions associated with the proposed Facility prior to the commencement of construction.

13.3 Required Contents of Acoustic Modeling and Sound Mitigation Plan

The Acoustic Modeling and Sound Mitigation Plan shall include, at a minimum, the following:

(a) Identification of all significant sound-producing equipment and infrastructure associated with the Facility, including without limitation cooling equipment, chillers, cooling towers, pumps, fans, air handling equipment, transformers, substations, emergency generators, battery storage systems, power conversion equipment, switchgear, ventilation systems, and any on-site power generation equipment;

(b) Acoustic characterization of each major sound source across the full frequency spectrum, including audible sound, low-frequency sound, and infrasound;

(c) Computer modeling of the cumulative sound impacts resulting from the simultaneous operation of all major equipment systems under both normal operating conditions and reasonably foreseeable peak operating conditions;

(d) Modeling of sound propagation under varying seasonal, atmospheric, meteorological, and operational conditions;

(e) Identification of potential tonal noise sources and repetitive acoustic patterns;

(f) Analysis of low-frequency sound transmission and infrasound propagation beyond the boundaries of the project site;

(g) Identification of potential sound reflections, amplification effects, terrain impacts, and acoustic interactions with adjacent structures;

(h) Evaluation of future expansion scenarios reasonably anticipated by the Applicant at the time of application;

(i) A Sound Mitigation Plan describing all design features intended to reduce sound emissions, including equipment selection, equipment placement, building orientation, sound barriers, berms, enclosures, silencers, vibration isolation systems, architectural treatments, landscaping, and other proposed mitigation measures;

(j) A demonstration that the proposed Facility, as designed and with all proposed mitigation measures implemented, is designed to achieve operational sound levels below the maximum limits established by this Ordinance, with a reasonable margin of safety to accommodate changing operating conditions, equipment aging, maintenance activities, and future equipment replacement;

(k) Identification of all assumptions utilized in the acoustic modeling process; and

(l) Certification by the responsible acoustical engineer that the Facility, as designed and with all proposed mitigation measures implemented, is reasonably expected to comply with all sound requirements established by this Ordinance.

13.4 Independent Review

The County may retain an independent acoustical consultant to review and validate the Acoustic Modeling and Sound Mitigation Plan submitted by the Applicant. The reasonable cost of such independent review shall be borne by the Applicant.

13.5 Monitoring Frequency Ranges

Noise monitoring conducted pursuant to this Ordinance shall address the following frequency ranges:

(a) Audible Sound: 20 Hz through 20,000 Hz;

(b) Low-Frequency Sound: 10 Hz through 300 Hz; and

(c) Infrasound: 0.001 Hz through 30 Hz.

13.6 Monitoring Protocol

All noise measurements required by this Ordinance shall be conducted by an independent acoustical engineering firm selected by the County. The reasonable cost of such monitoring shall be borne by the Applicant.

Monitoring shall be conducted at the following locations:

(a) At a distance of five hundred (500) feet from the outermost structure or equipment associated with the Facility;

(b) At the property boundary of the Facility;

(c) At a distance of one thousand (1,000) feet beyond the property boundary of the Facility; and

(d) At such additional locations as may be designated by the County.

Measurements shall be taken at no fewer than six (6) points, evenly dispersed around the site and located on a radius measured from the geometrical center of the infrastructure area of the property.

13.7 Maximum Allowable Sound Levels

The following maximum allowable sound levels shall apply at the property boundary and at one thousand (1,000) feet beyond the property boundary:

At the Property Boundary:

Time Period

A-Weighted (dBA)

C-Weighted (dBC)

Daytime

45 dBA

60 dBC

Nighttime

40 dBA

50 dBC

Download CSV

At One Thousand (1,000) Feet Beyond the Property Boundary:

Time Period

A-Weighted (dBA)

C-Weighted (dBC)

Daytime

40 dBA

55 dBC

Nighttime

35 dBA

45 dBC

Download CSV

Low-frequency and infrasound measurements shall demonstrate no measurable adverse impacts to surrounding properties as determined by the County's independent acoustical consultant.

13.8 Exceedance of Modeled Conditions

Where measured operating conditions exceed modeled conditions by more than ten percent (10%), the Applicant shall update the Acoustic Modeling and Sound Mitigation Plan and submit corrective measures in accordance with Section 20 of this Ordinance.

SECTION 14. SOUND MONITORING PROGRAM

14.1 Ongoing Monitoring Required

Quarterly noise monitoring shall be conducted throughout the operating life of the Facility.

14.2 Monitoring Scope

Each quarterly monitoring event shall include the following analyses:

(a) Full-spectrum sound analysis;

(b) Octave-band analysis;

(c) Low-frequency sound analysis;

(d) Infrasound analysis;

(e) Assessment of impacts associated with generator testing;

(f) Assessment of impacts associated with cooling equipment operation; and

(g) Assessment of impacts associated with transformer operation.

14.3 Reporting Deadline

Quarterly monitoring reports shall be submitted to the County no later than the fifteenth (15th) day of the second month following the end of each calendar quarter.

14.4 Pre-Operational Baseline Study

Prior to the commencement of facility operations, the Applicant shall cause a baseline sound level study to be conducted by a qualified acoustical engineer, consistent with the monitoring requirements of this Section. The baseline study shall document pre-operational ambient sound conditions in the area surrounding the Facility and shall provide a reference standard for comparison with all subsequent monitoring results. The baseline study shall be submitted to the County and maintained as part of the public record in accordance with the reporting requirements of this Ordinance.

SECTION 15. QUARTERLY TRANSPARENCY REPORTING

15.1 Ongoing Reporting Required

Throughout the operating life of the Facility, the Operator shall submit quarterly reports to the County including the following information:

(a) Total electrical consumption for the reporting period;

(b) Peak electrical demand during the reporting period;

(c) Total water consumption for the reporting period;

(d) Total wastewater discharge for the reporting period;

(e) Total generator operation hours during the reporting period;

(f) Total fuel consumption during the reporting period;

(g) Air emissions data for the reporting period;

(h) Noise monitoring results for the reporting period;

(i) Environmental compliance status;

(j) Safety incidents occurring during the reporting period;

(k) Emergency response events occurring during the reporting period;

(l) Construction status, if applicable; and

(m) Planned or proposed expansions, if any.

15.2 Supporting Documentation

Each quarterly report shall be accompanied by supporting documentation from applicable utilities, water providers, environmental agencies, and independent consultants sufficient to verify the accuracy of the reported information.

SECTION 16. PUBLIC RECORD ACCESS

16.1 Maintenance of Records

All quarterly reports required by this Ordinance shall be filed with the Spartanburg County Clerk and shall be made available for public inspection at the Spartanburg County Courthouse throughout the operating life of the Facility.

16.2 Archival Following Decommissioning

Following the decommissioning of the Facility, all reports and records generated throughout the lifetime of the Facility and required by this Ordinance shall be transmitted to and maintained in the South Carolina State Archives in accordance with applicable law.

SECTION 17. EMERGENCY RESPONSE

17.1 Applicant Obligations

As a condition of Conditional Use approval, the Applicant shall fund or provide for the following, to the satisfaction of the County:

(a) Training for County fire department and emergency response personnel in connection with hazards specific to the Facility;

(b) Development and implementation of a site-specific emergency response plan;

(c) Procurement of any specialized emergency response equipment determined by the County to be necessary for response to incidents at the Facility;

(d) Battery fire response planning and preparation; and

(e) Hazardous materials emergency response planning.

SECTION 18. SECURITY

18.1 Required Security Plans

Each Applicant shall provide to the County the following plans and documentation:

(a) A physical security plan for the Facility;

(b) A cybersecurity coordination plan developed in consultation with applicable federal authorities;

(c) An emergency communications plan; and

(d) A critical infrastructure protection plan consistent with applicable federal guidelines.

SECTION 19. DECOMMISSIONING

19.1 Financial Assurance Required

Prior to the commencement of operations, the Applicant shall post financial assurance in a form and amount approved by the County, sufficient to fund the following:

(a) Removal of all structures associated with the Facility;

(b) Removal of all equipment associated with the Facility;

(c) Remediation of any contamination of the site attributable to Facility operations; and

(d) Restoration of the site to a condition suitable for future industrial use.

19.2 Periodic Review of Financial Assurance

The adequacy of the financial assurance required by this Section shall be reviewed by the County every five (5) years following the date of its initial posting. The Applicant shall adjust the amount of financial assurance as directed by the County following each such review.

SECTION 20. ADAPTIVE MONITORING AND FUTURE PARAMETERS

20.1 Authority to Require Additional Monitoring

When new technologies, environmental concerns, public health considerations, engineering standards, or documented measurable impacts become known or are brought to the attention of the County Council, the County Council may, by ordinance amendment, require additional monitoring and reporting parameters applicable to any Facility operating under this Ordinance.

20.2 Required Process

Any addition of monitoring parameters pursuant to this Section shall require the following:

(a) Public notice in accordance with applicable law;

(b) A duly noticed public hearing;

(c) Presentation of expert testimony or technical evidence; and

(d) Adoption by formal ordinance amendment by the County Council.

SECTION 21. OPPORTUNITY TO CURE

21.1 Corrective Action Required

When any monitored parameter associated with a Facility is found to exceed an established limit under this Ordinance, the following corrective action requirements shall apply:

(a) The Applicant or Operator shall file a written Corrective Action Plan with the County within ten (10) days of notification of the exceedance;

(b) Corrective action shall physically commence within thirty (30) days of the submission of the Corrective Action Plan;

(c) Full compliance shall be restored within sixty (60) days of the submission of the Corrective Action Plan; and

(d) Restoration of compliance shall be verified by independent inspection or monitoring as determined by the County.

SECTION 22. PENALTIES

22.1 Civil Penalties for Continued Non-Compliance

In the event that an Applicant or Operator fails to restore compliance within the timeframes established in Section 21 of this Ordinance, the following civil monetary penalties shall apply:

Month of Non-Compliance

Penalty

First Month

$100,000

Second Month

$200,000

Third Month

$400,000

Fourth Month and Each Subsequent Month

$800,000

Download CSV

Penalties shall accrue on a per-month or per-partial-month basis. Penalties shall cease to accrue upon verification of restored compliance in accordance with Section 21(d) of this Ordinance.

22.2 Cumulative Nature of Penalties

All civil penalties imposed pursuant to this Section shall be cumulative. The imposition of civil penalties shall not limit or preclude the County's authority to seek injunctive relief, permit suspension, imposition of operational restrictions, permit revocation, or any other remedy available to the County under applicable law.

SECTION 23. PERIODIC ORDINANCE REVIEW

23.1 Five-Year Review

The County Council shall conduct a comprehensive review of this Ordinance no less frequently than every five (5) years following its effective date. Such review shall consider technological developments, environmental findings, regulatory changes, public health considerations, utility and infrastructure developments, and the operational history of Facilities operating under this Ordinance, and the County Council shall amend this Ordinance as necessary to reflect such developments.

SECTION 24. SEVERABILITY

If any provision of this Ordinance, or the application of any provision to any person, entity, or circumstance, is determined to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Ordinance and their application shall not be affected thereby and shall remain in full force and effect.

SECTION 25. REPEALER

All prior ordinances, resolutions, or provisions thereof of Spartanburg County that are inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency.

SECTION 26. EFFECTIVE DATE

This Ordinance shall become effective immediately upon adoption by the County Council of Spartanburg County, South Carolina.

ADOPTED by the County Council of Spartanburg County, South Carolina, at a duly noticed public meeting, on the ___ day of ________, 20.

SPARTANBURG COUNTY COUNCIL

Chairman, Spartanburg County Council

ATTEST:

Clerk to County Council

APPROVED AS TO FORM:

Spartanburg County Attorney

Filed with the Spartanburg County Clerk of Court in accordance with applicable law.