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Measures of Chongqing Municipality for the Prevention and Control of Environmental Noise Pollution

chapter I general provisions article 1 in order to prevent and control environmental noise pollution, protect and improve the living environment, safeguard human health and promote sustainable economic and social development, these measures are formulated in accordance with the law of the people's Republic of China on the prevention and control of environmental noise pollution, the regulations of Chongqing municipality on environmental protection and other provisions, and in combination with the actual situation in Chongqing. Article 2 These Measures shall apply to the prevention and control of environmental noise pollution within the administrative area of this Municipality. Article 3 The people's governments of counties (autonomous counties, cities) should combine urban and rural planning, rationally lay out functional areas, fully consider the impact of noise generated by project construction and regional development on the surrounding living environment, eliminate or reduce environmental noise pollution, and improve the acoustic environment quality in their respective jurisdictions.

township people's governments and sub-district offices shall cooperate with relevant departments to supervise and inspect the prevention and control of environmental noise pollution within their respective jurisdictions. Article 4 the competent administrative department of environmental protection shall exercise unified supervision and management over the prevention and control of environmental noise pollution within its jurisdiction, and its main duties are:

(1) to draw up a plan for the prevention and control of noise pollution and a plan for the division of areas where environmental noise standards are applicable, and organize its implementation after being submitted to the people's government at the same level for approval;

(2) to the people's governments at lower levels and the relevant departments of the people's governments at the same level, and to inspect, supervise and assess the implementation of the annual objectives and tasks;

(3) Establish an environmental noise monitoring network and organize monitoring, and regularly publish reports on acoustic environmental quality;

(4) to be responsible for the supervision and management of industrial noise, construction noise and noise generated by the use of fixed equipment in business activities such as commerce, culture, catering and entertainment. Article 5 The public security organs shall be responsible for the supervision and management of the following noises:

(1) Occasional strong noises emitted from production activities in cities and towns;

(2) Noise caused by the use of loudspeakers or high-pitched audio equipment in commercial activities and concentrated areas in noise-sensitive structures (referring to hospitals, schools, institutions, scientific research units, houses and other buildings that need to be kept quiet, the same below);

(3) Noise generated by entertainment, assembly and other activities in urban streets, squares, parks and other public places;

(4) noise generated by decoration, family entertainment, mourning and other activities in completed residential buildings;

(5) Noise emitted by motor vehicles;

(6) Other social life noises. Article 6 The maritime department shall supervise and manage the noise emitted by ships.

Railway and civil aviation administrations shall, according to their respective responsibilities, supervise and manage the noise emitted by railway locomotives and aircraft respectively. Article 7 All units and individuals have the obligation to protect the acoustic environment, abide by environmental ethics, respect the environmental rights and interests of others, and have the right to report and accuse acts that cause environmental noise pollution.

the competent administrative department of environmental protection and the relevant departments responsible for the supervision and management of environmental noise shall set up their own supervision telephones and report mailboxes, and make them public to accept complaints about environmental noise pollution. Article 8 The competent administrative department of environmental protection and relevant departments responsible for the supervision and management of environmental noise shall transfer cases that are not under their jurisdiction to the competent department for jurisdiction and inform the parties concerned. The transferred department shall not refuse or transfer it again, and shall be responsible for responding to the parties in a timely manner. Chapter II Supervision and Management Article 9 The construction unit must declare to the competent administrative department of environmental protection in accordance with the requirements of the environmental management system of construction projects for new construction, expansion and reconstruction projects. Where environmental noise pollution may occur, an environmental impact report (form) or an environmental impact registration form must be put forward at the feasibility study stage, and measures for the prevention and control of environmental noise pollution must be formulated and reported to the competent administrative department of environmental protection for approval. Without the approval of the competent administrative department of environmental protection, the relevant departments shall not approve the construction permit, and the construction unit shall not start construction. Among them, if a business license is required, the construction unit shall submit the environmental impact report (form) or environmental impact registration form of the construction project for approval before handling the business license.

the competent administrative department of environmental protection shall, within 61 days after receiving the environmental impact report, within 31 days of the report form and within 15 days of the registration form, make a decision on examination and approval respectively, and notify the construction unit in writing, and shall not charge any fees. Article 11 The facilities for the prevention and control of environmental noise pollution of a construction project must be designed, constructed and put into use at the same time as the main project.

before a construction project is formally put into production or use, and within three months of trial production, its facilities or measures for preventing and controlling environmental noise pollution must be accepted by the competent administrative department of environmental protection that examines and approves the environmental impact report (form) or registration form. For a construction project that does not meet the conditions for environmental protection acceptance within three months of trial production, the construction unit shall, within three months of trial production, submit an application for extension of acceptance of environmental noise pollution prevention facilities or measures of the construction project to the competent administrative department of environmental protection that has approved the environmental impact report (table) or registration form, and can continue the trial production only after approval. Without acceptance or unqualified acceptance, environmental noise pollution prevention and control facilities shall not be put into production or use. Article 11 Units and individual industrial and commercial households (hereinafter referred to as pollutant discharge units) engaged in industrial production, building construction, and using fixed equipment to discharge noise to the environment in business activities such as commerce, culture, catering and entertainment must apply for the Permit for Discharge of Pollutants and the Temporary Permit for Discharge of Pollutants in accordance with the requirements of the relevant national and municipal pollution discharge permit management systems. The handling procedures are as follows:

(1) The pollutant discharging unit entrusts a legally qualified supervision monitoring unit to monitor the noise emission, fills in the Chongqing Pollutant Discharge Declaration Form according to the monitoring results, and reports to the competent administrative department of environmental protection with the monitoring report, instructions for the use of equipment (machines and tools) producing environmental noise and copies of relevant technical data for preventing and controlling noise pollution;

(2) The competent administrative department of environmental protection shall, within 15 days after receiving the declaration from the pollutant discharge unit, make verification, and if the noise emission reaches the standard, issue a Permit for Discharge of Pollutants; Those who fail to meet the standards but do not cause serious pollution to the surrounding environment shall be issued with a Temporary Permit for Discharge of Pollutants.

those who hold the Temporary Permit for Discharge of Pollutants must be treated within the validity period of the Temporary Permit for Discharge of Pollutants, so that their noise emission can meet the national or local emission standards. Those who pass the treatment within a time limit shall be applied by the pollutant discharge unit, and the competent administrative department of environmental protection may renew the Permit for Discharge of Pollutants for them.

if the pollutant discharging unit discharges various pollutants, the declaration and verification of noise emission shall be carried out together with the declaration and verification of water or air pollutant discharge, and shall be registered in the same Permit for Pollutant Discharge and Temporary Permit for Pollutant Discharge.