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. 6, June 28, 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.