At the same time, the site should also strengthen the long-term monitoring of environmental noise on the construction site, adopt the principle of special management, and fill in the noise measurement records on the construction site according to the measurement results. Anyone who exceeds the noise limit standard of the construction site shall timely adjust the relevant factors of the noise exceeding the standard of the construction site in order to achieve the purpose of not disturbing the people.
It is forbidden to pile at night during the construction stage, and the nighttime decibel of earthwork, structure and decoration works shall not exceed 55dB.
People's Republic of China (PRC) Environmental Noise Pollution Prevention Act
Article 30
In areas where noise-sensitive buildings are concentrated in cities, it is forbidden to carry out construction operations that produce environmental noise pollution at night, except for emergency repair operations and continuous operations due to production process requirements or special needs.
If continuous operation is necessary due to special needs, there must be a certificate from the people's government at or above the county level or its relevant competent department.
Night operations as mentioned in the preceding paragraph must be announced to nearby residents.
Article 63
In this Law, the meanings of the following terms are:
(1) "Noise emission" means that noise sources radiate noise to the surrounding living environment.
(2) "noise-sensitive structures" refers to hospitals, schools, institutions, scientific research institutions, residential buildings and other buildings that need to be kept quiet.
(3) "Areas where noise-sensitive buildings are concentrated" refers to medical areas, cultural, educational and scientific research areas and areas where government offices or residential buildings are the mainstay.
(4) "Night" refers to the time between 22 pm and 6 am.
(5) "Motor vehicles" refer to automobiles and motorcycles.
chapter one
first
This Law is formulated in order to prevent and control environmental noise pollution, protect and improve the living environment, safeguard human health and promote economic and social development.
second
The term "environmental noise" as mentioned in this Law refers to the sound generated in industrial production, construction, transportation and social life that interferes with the surrounding living environment.
The term "environmental noise pollution" as mentioned in this Law refers to the phenomenon that the environmental noise generated exceeds the environmental noise emission standards prescribed by the state and interferes with the normal life, work and study of others.
essay
This law is applicable to the prevention and control of environmental noise pollution in People's Republic of China (PRC).
This law is not applicable to the prevention and control of noise hazards caused by self-engaged production and business operations.
Article 4
The State Council and local people's governments at all levels should incorporate the prevention and control of environmental noise pollution into the environmental protection plan, and adopt economic and technical policies and measures conducive to acoustic environmental protection.
Article 5
Local people's governments at all levels should fully consider the impact of noise generated by construction projects and regional development and transformation on the surrounding living environment, make overall plans, rationally arrange functional areas and construction layout, and prevent or reduce environmental noise pollution.
Article 6
The competent administrative department of environmental protection of the State Council shall exercise unified supervision and management over the prevention and control of environmental noise pollution throughout the country.
The competent administrative department of environmental protection of the local people's governments at or above the county level shall exercise unified supervision and management over the prevention and control of environmental noise pollution within their respective administrative areas.
The competent departments of public security, transportation, railways, civil aviation and harbour superintendency administration at all levels shall, according to their respective functions and duties, supervise and manage the prevention and control of noise pollution in transportation and social life.
Article 7
All units and individuals have the obligation to protect the acoustic environment and have the right to report and accuse the units and individuals that cause environmental noise pollution.
Article 8
The state encourages and supports scientific research and technological development in the prevention and control of environmental noise pollution, and promotes advanced technology and scientific knowledge in the prevention and control of environmental noise pollution.
Article 9
Units and individuals that have made remarkable achievements in the prevention and control of environmental noise pollution shall be rewarded by the people's government.
chapter two
Article 10
The competent administrative department of environmental protection in the State Council has formulated the national acoustic environmental quality standards for different functional areas.
The local people's governments at or above the county level shall, according to the national standards for acoustic environmental quality, delimit the applicable areas of various acoustic environmental quality standards within their respective administrative areas and conduct management.
Article 11
The competent administrative department of environmental protection in the State Council shall, according to the national acoustic environmental quality standards and the national economic and technical conditions, formulate the national environmental noise emission standards.
Article 12
When determining the layout of a building, the urban planning department shall reasonably delimit the sound insulation distance between the building and the traffic trunk line according to the national acoustic environment quality standard and the code for sound insulation design of civil buildings, and put forward the corresponding planning and design requirements.
Article 13
Construction projects newly built, rebuilt and expanded must conform to the provisions of the state on environmental protection management of construction projects.
If the construction project may produce environmental noise pollution, the construction unit must submit an environmental impact report, stipulate the prevention and control measures of environmental noise pollution, and report it to the competent administrative department of environmental protection for approval in accordance with the procedures prescribed by the state.
In the environmental impact report, there should be opinions from the units and residents where the construction project is located.
Article 14
Environmental noise pollution prevention and control facilities of construction projects must be designed, constructed and put into use at the same time as the main project.
Before a construction project is put into production or use, its facilities for the prevention and control of environmental noise pollution must be checked and accepted by the competent administrative department of environmental protection that originally approved the environmental impact report; If it does not meet the requirements stipulated by the state, the construction project shall not be put into production or use.
Article 15
Enterprises and institutions that produce environmental noise pollution must maintain the normal use of facilities for preventing and controlling environmental noise pollution; Dismantling or leaving idle facilities for the prevention and control of environmental noise pollution must be reported in advance to the competent administrative department of environmental protection of the local people's government at or above the county level for approval.
Article 16
Units that produce environmental noise pollution shall take measures to control it and pay excessive sewage charges in accordance with state regulations.
The excessive sewage charges collected must be used for pollution prevention and control and shall not be used for other purposes.
Article 17
Enterprises and institutions that cause serious environmental noise pollution in areas where noise-sensitive buildings are concentrated shall be treated within a time limit.
Units that have been treated within a time limit must complete the treatment task on schedule. The deadline for governance shall be decided by the people's governments at or above the county level in accordance with the authority prescribed by the State Council.
The management period of small enterprises and institutions may be decided by the people's governments at or above the county level within the limits of authority prescribed by the State Council.
Article 18
The state implements the elimination system for backward equipment with serious environmental noise pollution.
The comprehensive economic department of the State Council shall, jointly with the relevant departments of the State Council, publish a list of equipment with serious environmental noise pollution whose production, sale or import are prohibited within a time limit.
Producers, sellers or importers must stop producing, selling or importing the equipment listed in the preceding paragraph within the time limit stipulated by the comprehensive economic department of the State Council in conjunction with the relevant departments of the State Council.
Article 19
In the production activities within the city, if it is really necessary to discharge sporadic strong noise, an application must be submitted to the local public security organ in advance, and it can be carried out only after approval. The local public security organ shall make an announcement to the public.
Article 20
The competent administrative department of environmental protection in the State Council shall establish an environmental noise monitoring system, formulate monitoring norms, and organize a monitoring network in conjunction with relevant departments.
Environmental noise monitoring institutions shall submit environmental noise monitoring results in accordance with the provisions of the competent administrative department of environmental protection of the State Council.
Article 21
The competent administrative department of environmental protection of the people's government at or above the county level and other supervisory and administrative departments and institutions for the prevention and control of environmental noise pollution have the right to conduct on-site inspections of units that emit environmental noise within their jurisdiction according to their respective functions and duties. The units under inspection must truthfully report the situation and provide necessary information. Inspection departments and institutions shall keep technical secrets and business secrets for the inspected units.
Inspectors shall show their certificates when conducting on-site inspections.
chapter three
Article 22
The industrial noise mentioned in this law refers to the sound that interferes with the surrounding living environment when fixed equipment is used in industrial production activities.
Article 23
Those who discharge industrial noise into the surrounding living environment within the city scope shall conform to the environmental noise emission standards at the boundary of industrial enterprises stipulated by the state.
Article 24
Industrial enterprises that cause environmental noise pollution due to the use of fixed equipment in industrial production must, in accordance with the provisions of the competent administrative department of environmental protection of the State Council, report to the competent administrative department of environmental protection of the local people's government at or above the county level the types and quantities of equipment that cause environmental noise pollution, the noise value emitted under normal working conditions and the facilities for preventing and controlling environmental noise pollution, and provide technical data for preventing and controlling noise pollution.
If there are significant changes in the type, quantity, noise value and prevention and control facilities of equipment that cause environmental noise pollution, it must be declared in time and appropriate prevention and control measures must be taken.
Article 25
Industrial enterprises that produce environmental noise pollution should take effective measures to reduce the impact of noise on the surrounding living environment.
Article 26
The relevant departments in charge of the State Council shall, according to the requirements of acoustic environmental protection and the economic and technical conditions of the country, gradually stipulate the noise limit in the national standards and industry standards for products formulated according to law.
The noise value emitted by the industrial equipment specified in the preceding paragraph during operation shall be indicated in the relevant technical documents.
chapter four
Article 27
The term "building noise" as mentioned in this Law refers to the sound generated in the process of building construction that interferes with the surrounding living environment.
Article 28
Those who discharge construction noise into the surrounding living environment within the urban area shall comply with the environmental noise emission standards set by the state for construction sites.
Article 29
In urban areas, if the use of machinery and equipment in the construction process may cause environmental noise pollution, the construction unit must declare the project name, construction site and construction period, possible environmental noise value and environmental noise pollution prevention measures to the competent administrative department of environmental protection of the local people's government at or above the county level fifteen days before the project starts.
Article 30
In areas where noise-sensitive buildings are concentrated in cities, it is forbidden to carry out construction operations that produce environmental noise pollution at night, except for emergency repair operations and continuous operations due to production process requirements or special needs.
If continuous operation is necessary due to special needs, there must be a certificate from the people's government at or above the county level or its relevant competent department.
Night operations as mentioned in the preceding paragraph must be announced to nearby residents.
chapter five
Article 31
The traffic noise mentioned in this Law refers to the sound produced by motor vehicles, railway locomotives, motor vessels, aircraft and other means of transportation in operation that interferes with the surrounding living environment.
Article 32
It is forbidden to manufacture, sell or import cars that exceed the prescribed noise limit.
Article 33
Mufflers and horns of motor vehicles driving in urban areas must meet the requirements stipulated by the state. Motor vehicles must be maintained to maintain good technical performance and prevent environmental noise pollution.
Article 34
Motor vehicles driving in urban areas, motor vehicles driving in urban inland waterways, and railway locomotives passing through or entering urban areas and health resorts must use audio devices in accordance with regulations.
Police cars, fire engines, engineering rescue vehicles, ambulances and other motor vehicles must comply with the provisions of the public security department of the State Council; When performing non-emergency tasks, it is forbidden to use the alarm.
Article 35
The public security organ of the people's government of a city may, according to the needs of protecting the acoustic environment of the local urban area, designate the road sections and time when motor vehicles are prohibited from driving and using audio devices, and make an announcement to the public.
Article 36
The construction of expressway, urban elevated roads and light rail roads through the existing noise-sensitive buildings concentrated areas may cause environmental noise pollution, and noise barriers shall be set up or other effective measures shall be taken to control environmental noise pollution.
Article 37
In the construction of noise-sensitive structures on both sides of the existing urban traffic trunk lines, the construction unit shall keep a certain distance in accordance with state regulations, and take measures to reduce and avoid the impact of traffic noise.
Article 38
When using loudspeakers in stations, railway marshalling yards, ports, docks, airports and other places to direct operations, the volume should be controlled to reduce the impact of noise on the surrounding living environment.
Article 39
Where the railway crossing urban residential areas and cultural and educational areas causes environmental noise pollution due to the operation of railway locomotives, the local urban people's government shall organize the railway departments and other relevant departments to formulate plans to reduce environmental noise pollution. Railway departments and other relevant departments shall take effective measures to reduce environmental noise pollution in accordance with the requirements of planning.
Article 40
Civil aircraft shall not fly over the city except in cases of take-off and landing or in cases prescribed by law. The people's government of a city shall delimit an area that restricts the construction of noise-sensitive structures around the clearance for the take-off and landing of aircraft; In the construction of noise-sensitive structures in this area, the construction unit shall take measures to reduce and avoid the noise impact caused by aircraft operation. Civil aviation departments should take effective measures to reduce environmental noise pollution.
Chapter vi
Article 41
The social life noise mentioned in this Law refers to the noise that interferes with the surrounding living environment due to human activities, except industrial noise, construction noise and traffic noise.
Article 42
In the urban noise-sensitive buildings concentrated area, commercial enterprises that cause environmental noise pollution due to the use of fixed equipment in commercial activities must, in accordance with the provisions of the competent administrative department of environmental protection of the State Council, report to the competent administrative department of environmental protection of the local people's government at or above the county level the status of the equipment that causes environmental noise pollution and the facilities for preventing and controlling environmental noise pollution.
Article 43
The boundary noise of newly-built commercial cultural and entertainment places must meet the environmental noise emission standards stipulated by the state; Do not meet the national environmental noise emission standards, the administrative department for culture shall not issue a cultural business license, and the administrative department for industry and commerce shall not issue a business license.
Managers of cultural and entertainment venues in operation must take effective measures to make their boundary noise not exceed the environmental noise emission standards prescribed by the state.
Article 44
It is forbidden to use loudspeakers in commercial activities or attract customers by other methods that emit high noise.
Where air conditioners, cooling towers and other equipment and facilities that may produce environmental noise pollution are used in commercial activities, their managers shall take measures to ensure that their boundary noise does not exceed the environmental noise emission standards prescribed by the state.
Article 45
It is forbidden for any unit or individual to use loudspeakers in the concentrated areas of noise-sensitive buildings in urban areas.
Organizing entertainment, assembly and other activities in urban streets, squares, parks and other public places, as well as using audio equipment that may produce excessive volume that may interfere with the surrounding living environment, must abide by the provisions of the local public security organs.
Article 46
When using household appliances, musical instruments or other indoor entertainment activities, the volume should be controlled or other effective measures should be taken to avoid environmental noise pollution to the surrounding residents.
Article 47
When carrying out indoor decoration activities in residential buildings that have been completed and delivered for use, the operation time should be limited and other effective measures should be taken to reduce and avoid environmental noise pollution to surrounding residents.
Chapter VII
Article 48
In violation of the provisions of Article 14 of this Law, if the facilities for the prevention and control of environmental noise pollution in a construction project are put into production or use without authorization, the competent administrative department of environmental protection that approved the environmental impact report of the construction project shall order it to stop production or use, and may also impose a fine.
Article 49
In violation of the provisions of this Law, the competent administrative department of environmental protection of the local people's government at or above the county level may, according to different circumstances, give a warning or impose a fine.
Article 50
Whoever, in violation of the provisions of Article 15 of this Law, dismantles or leaves idle facilities for the prevention and control of environmental noise pollution without the approval of the competent administrative department of environmental protection, resulting in environmental noise emission exceeding the prescribed standards, shall be ordered by the competent administrative department of environmental protection of the local people's government at or above the county level to make corrections and be fined.
Article 51
In violation of the provisions of Article 16 of this Law, the competent administrative department of environmental protection of the local people's government at or above the county level may give a warning or impose a fine according to different circumstances.
Article 52
In violation of the provisions of Article 17 of this Law, enterprises and institutions that fail to complete the treatment tasks within the time limit may be fined according to the harmful consequences, or ordered to suspend business, relocate or close down, in addition to charging excessive sewage charges in accordance with state regulations.
The fine prescribed in the preceding paragraph shall be decided by the competent administrative department of environmental protection. The people's governments at or above the county level shall decide to suspend business, relocate and close down in accordance with the authority prescribed by the State Council.
Article 53
Whoever, in violation of the provisions of Article 18 of this Law, produces, sells or imports equipment that is prohibited from being produced, sold or imported shall be ordered by the comprehensive economic department of the people's government at or above the county level to make corrections; If the circumstances are serious, the comprehensive economic department of the people's government at or above the county level shall put forward opinions and report to the people's government at the same level to order it to suspend business or close down in accordance with the authority prescribed by the State Council.
Article 54
Whoever, in violation of the provisions of Article 19 of this Law, engages in activities that produce occasional strong noise without the approval of the local public security organ shall be given a warning or fined by the public security organ according to different circumstances.
Article 55
Where a unit that emits environmental noise violates the provisions of Article 21 of this Law, refuses to conduct on-site inspection by the competent administrative department of environmental protection or other departments or institutions exercising supervision and management of environmental noise in accordance with the provisions of this Law, or practices fraud in the inspection, the competent administrative department of environmental protection or other departments or institutions exercising supervision and management of environmental noise in accordance with the provisions of this Law may give a warning or impose a fine according to different circumstances.
Article 56
Where a construction unit, in violation of the provisions of the first paragraph of Article 30 of this Law, conducts construction operations that produce environmental noise pollution at night in areas where noise-sensitive buildings are concentrated in urban areas, the competent administrative department of environmental protection of the local people's government at or above the county level where the project is located shall order it to make corrections and may also impose a fine.
Article 57
In violation of the provisions of Article 34 of this Law, if a motor vehicle fails to use the audio device in accordance with the provisions, the local public security organ shall give a warning or impose a fine according to different circumstances.
Motor vessels that violate the provisions of the preceding paragraph shall be given a warning or fined by the harbour superintendency administration according to different circumstances.
Where a railway locomotive commits the illegal act mentioned in the first paragraph, the competent railway department shall give administrative sanctions to the responsible persons concerned.
Article 58
Anyone who violates the provisions of this Law and commits any of the following acts shall be given a warning by the public security organ and may also be fined:
(a) The use of loudspeakers in urban areas where noise-sensitive buildings are concentrated;
(two) in violation of the provisions of the local public security organs, organize entertainment, assembly and other activities in public places such as urban streets, squares, parks, etc., and use audio equipment to produce excessive volume that interferes with the surrounding living environment;
(3) Failing to take measures in accordance with the provisions of Articles 46 and 47 of this Law, and emitting environmental noise from the indoor environment that seriously interferes with the life of the surrounding residents.
Article 59
In violation of the provisions of the second paragraph of Article 43 and the second paragraph of Article 44 of this Law, causing environmental noise pollution, the competent administrative department of environmental protection of the local people's government at or above the county level shall order it to make corrections and may also impose a fine.
Article 60
Anyone who violates the provisions of the first paragraph of Article 44 of this Law and causes environmental noise pollution shall be ordered by the public security organ to make corrections and may also be fined.
If the people's government at or above the provincial level decides according to law that the competent administrative department of environmental protection of the local people's government at or above the county level shall exercise the power of administrative punishment stipulated in the preceding paragraph, it shall make a decision.
Article 61
Units and individuals that are harmed by environmental noise pollution have the right to ask the perpetrators to eliminate the harm; If losses are caused, compensation shall be made according to law.
Disputes over the liability for compensation and the amount of compensation may be settled through mediation by the competent administrative department of environmental protection or other supervisory and administrative departments and institutions for the prevention and control of environmental noise pollution at the request of the parties concerned; If mediation fails, the parties may bring a lawsuit to the people's court. The parties may also directly bring a suit in a people's court.
Article 62
Environmental noise pollution prevention and control supervision and management personnel abuse their powers, neglect their duties, engage in malpractices for selfish ends, and shall be given administrative sanctions by their units or the competent authorities at a higher level; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VIII
Article 63
In this Law, the meanings of the following terms are:
(1) "Noise emission" means that noise sources radiate noise to the surrounding living environment.
(2) "noise-sensitive structures" refers to hospitals, schools, institutions, scientific research institutions, residential buildings and other buildings that need to be kept quiet.
(3) "Areas where noise-sensitive buildings are concentrated" refers to medical areas, cultural, educational and scientific research areas and areas where government offices or residential buildings are the mainstay.
(4) "Night" refers to the time between 22 pm and 6 am.
(5) "Motor vehicles" refer to automobiles and motorcycles.
Article 64
This Law shall come into force as of March 0997 1997. 1989 The Regulations on the Prevention and Control of Environmental Noise Pollution in People's Republic of China (PRC) issued by the State Council on September 26th shall be abolished at the same time.