South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-79 - Hazardous Waste Management Regulations
Part 61-79.270 - PERMIT REQUIREMENTS
Subpart A - GENERAL INFORMATION
Section 61-79.270.A.3 - Considerations under Federal law
Current through Register Vol. 48, No. 9, September 27, 2024
The following is a list of Federal laws that may apply to the issuance of permits under these rules. When any of these laws is applicable its procedures must be followed. When the applicable law requires consideration or adoption of particular permit conditions or requires the denial of a permit, those requirements also must be followed.
(a) The Wild and Scenic Rivers Act, 16 U.S.C. 1273 et seq. Section7 of the Act and the S.C. Scenic Rivers Act of 1974 as amended Section51-5-10 through 51-5-170 prohibits the Department from assisting by license or otherwise the construction of any water resources project that would have a direct, adverse effect on the values for which a national wild and scenic river was established.
(b) The National Historic Preservation Act of 1966, 16 U.S.C. 470 et seq. Section106 of the Act and implementing regulations ( 36 CFR Part 800) require the Department, before issuing a license, to adopt measures when feasible to mitigate potential adverse effects of the licensed activity and properties listed or eligible for listing in the National Register of Historic Places. The Act's requirements are to be implemented in cooperation with local Historic Preservation Officers and upon notice to, and when appropriate, in consultation with the Advisory Council on Historic Preservation.
(c) The Endangered Species Act, 16 U.S.C. 1531 et seq. Section7 of the Act and implementing regulations ( 50 CFR Part 402) and the S.C. Non-game and Endangered Species Act Sections 50-15-10 through 50-15-90 require the Department to ensure, in consultation with the Secretary of the Interior or Commerce, that any action authorized by EPA is not likely to Page 270-6 jeopardize the continued existence of any endangered or threatened species or adversely affect its critical habitat.
(d) The Coastal Zone Management Act, 16 U.S.C. 1451 et seq. Section307(c)(c) of the Act and implementing regulations ( 15 CFR Part 930) and the S.C. Coastal Tidelands and Wetlands Act Sections 48-39-10 et seq., prohibit the Department from issuing a permit for an activity affecting land or water use in the coastal zone until the applicant certifies that the proposed activity complies with the S.C. Coastal Council Program and concurs with the certification (or the Secretary of Commerce overrides the State's nonconcurrence).
(e) The Fish and Wildlife Coordination Act, 16 U.S.C. 661 et seq. requires that the Department, before issuing a permit proposing or authorizing the impoundment (with certain exemptions), diversion, or other control or modification of any body of water, consult with the U.S. Fish and Wildlife Department exercising jurisdiction over wildlife resources to conserve those resources.
