At the same time, the site also need to strengthen the long-term monitoring of environmental noise at the construction site, to take the principle of special management, according to the results of the measurements to fill in the noise measurement record sheet of the construction site, where more than the "construction site noise limits" standard, to adjust the relevant factors of the noise exceeding the standard of the construction site in a timely manner, so as to achieve the purpose of the construction noise is not disturbing the people.
Construction stage, piling is prohibited at night, night for earthwork, structure, renovation works at night decibel shall not exceed 55dB.
Chinese People's Republic of China*** and the State Law on the Prevention and Control of Environmental Noise Pollution
Article 30
In the urban areas of the city in the area of noise-sensitive buildings, it is prohibited to carry out at night the construction operations of the construction of the production of environmental noise pollution
For special needs must be continuous operation, must have the people's government at or above the county level or its relevant competent departments to prove.
The night operation as stipulated in the preceding paragraph must be announced to nearby residents.
Article 63
The meanings of the following terms in this Law are:
(1) "Noise emission" refers to the radiation of noise from a noise source to the surrounding living environment.
(ii) "Noise-sensitive buildings" means hospitals, schools, institutions, research units, residences and other buildings that need to be kept quiet.
(3) "Noise-sensitive building concentration area" refers to the medical area, education and scientific research areas and institutions or residential areas.
(d) "Night time" means the period between twenty-two o'clock in the evening and six o'clock in the morning.
(e) "Motorized vehicles" means automobiles and motorcycles.
Chapter I
Article 1
This Law is enacted to prevent and control environmental noise pollution, protect and improve the living environment, safeguard human health and promote economic and social development.
Article 2
Environmental noise, as referred to in this Law, refers to the sound produced in industrial production, building construction, transportation and social life that disturbs the surrounding living environment.
The environmental noise pollution referred to in this Law refers to the environmental noise generated exceeds the state standards for the emission of environmental noise, and interferes with the normal life, work and study of others.
Article 3
This Law applies to the prevention and control of environmental noise pollution in the domain of the Chinese People's **** and State.
This Law shall not apply to the prevention and control of noise hazards arising from the performance of one's own production and business work.
Article 4
The State Council and local people's governments at all levels shall incorporate the prevention and control of environmental noise pollution into environmental protection planning, and adopt economic and technological policies and measures conducive to acoustic environmental protection.
Article 5
Local people's governments at all levels shall, in formulating urban and rural construction planning, give full consideration to the impact of the noise generated by construction projects and regional development and transformation on the surrounding living environment, and shall coordinate planning and reasonably arrange functional areas and construction layouts so as to prevent or mitigate environmental noise pollution.
Article 6
The competent administrative department of the State Council for environmental protection shall carry out unified supervision and management of the prevention and control of environmental noise pollution throughout the country.
The administrative department of environmental protection of the local people's governments at or above the county level shall exercise unified supervision and management of the prevention and control of environmental noise pollution in the administrative area.
Departments in charge of public security, transportation, railroad and civil aviation at all levels and port supervisory agencies shall, according to their respective duties, exercise supervision and management over the prevention and control of noise pollution in transportation and social life.
Article 7
Any unit or individual has the obligation to protect the acoustic environment, and has the right to report and accuse units and individuals causing environmental noise pollution.
Article 8
The state encourages and supports scientific research and technological development for the prevention and control of environmental noise pollution, and promotes advanced prevention and control technologies and popularizes scientific knowledge for the prevention and control of environmental noise pollution.
Article IX
The people's government shall give rewards to units and individuals who have made remarkable achievements in the prevention and control of environmental noise pollution.
Chapter II
Article 10
The competent administrative department of the State Council for environmental protection shall formulate national quality standards for the acoustic environment in different functional areas.
Local people's governments at or above the county level shall, in accordance with the national acoustic environment quality standards, delineate the applicable areas for various types of acoustic environment quality standards within their administrative areas and manage them.
Article 11
The competent administrative department of the State Council for environmental protection shall, in accordance with the national acoustic environment quality standards and the national economic and technological conditions, formulate the national ambient noise emission standards.
Article 12
The urban planning department, in determining the construction layout, shall, in accordance with the national acoustic environment quality standards and civil building acoustic isolation design specifications, reasonably delineate the noise prevention distance between buildings and traffic arteries, and put forward the corresponding planning and design requirements.
Article 13
Newly constructed, reconstructed or expanded construction projects must comply with national regulations on environmental protection management of construction projects.
Where a construction project may generate environmental noise pollution, the construction unit must submit an environmental impact report, stipulating measures for the prevention and control of environmental noise pollution, and report it to the competent administrative department for environmental protection for approval in accordance with the procedures stipulated by the state.
The environmental impact report shall contain the opinions of the units and residents where the construction project is located.
Article 14
The environmental noise pollution prevention and control facilities of a construction project must be designed, constructed and put into operation at the same time as the main project.
Before a construction project is put into production or use, its environmental noise pollution prevention and control facilities must be accepted by the competent administrative department for environmental protection that originally approved the environmental impact report; if it fails to meet the requirements of the state, the construction project shall not be put into production or use.
Article 15
Enterprises and institutions that generate environmental noise pollution must maintain the normal use of facilities for the prevention and control of environmental noise pollution; demolition or idle environmental noise pollution prevention and control facilities must be reported in advance to the local people's government at or above the county level of the local administrative department for environmental protection for approval.
Article 16
Units generating environmental noise pollution shall take measures to control it and pay the excess sewage charges in accordance with state regulations.
The excess sewage charges levied must be used for the prevention and control of pollution and may not be diverted for other purposes.
Article 17
Enterprises and institutions that cause serious environmental noise pollution in areas where noise-sensitive buildings are concentrated shall be subject to a time limit.
The unit must be a limited period of time to complete the task of governance by the deadline. Limited governance by the people's governments at or above the county level in accordance with the authority of the State Council to decide.
The small enterprises and institutions of limited duration governance, can be authorized by the people's governments at or above the county level in the State Council within the authority of its administrative department of environmental protection to decide.
Article 18
The State shall implement an elimination system for backward equipment that causes serious environmental noise pollution.
The competent department for economic integration under the State Council shall, in conjunction with the relevant departments of the State Council, publish a list of equipment whose production, sale or importation is prohibited for a limited period of time and whose environmental noise pollution is serious.
Producers, sellers or importers must be in the State Council in conjunction with the relevant departments of the State Council Economic Integration Department of the period specified by the production, sale or import of equipment included in the list provided for in the preceding paragraph.
Article 19
If it is really necessary to discharge occasional strong noise when engaging in production activities within the limits of a city, an application must be made to the local public security organ in advance and approval shall be granted before proceeding. The local public security organs shall make a public announcement.
Article 20
The competent administrative department of the State Council for environmental protection shall establish an environmental noise monitoring system, formulate monitoring specifications, and organize a monitoring network in conjunction with the relevant departments.
Environmental noise monitoring organizations shall report the results of environmental noise monitoring in accordance with the provisions of the State Council administrative department for environmental protection.
Article 21
The competent administrative department of environmental protection of the people's governments at or above the county level and other supervisory and management departments and agencies for the prevention and control of environmental noise pollution shall have the right to conduct on-site inspections of units emitting environmental noise within their jurisdiction in accordance with their respective duties. The unit being inspected must truthfully reflect the situation and provide the necessary information. Inspection departments, organizations should be inspected for the unit to keep technical and business secrets.
The inspector to carry out on-site inspection, shall show their credentials.
Chapter III
Article 22
Industrial noise, as referred to in this Law, refers to the sound that interferes with the surrounding living environment generated by the use of fixed equipment in industrial production activities.
Article 23
Industrial noise discharged into the surrounding living environment within the city shall comply with the state standards for the emission of ambient noise at the factory boundaries of industrial enterprises.
Article 24
Industrial enterprises that cause environmental noise pollution through the use of fixed equipment in industrial production must, in accordance with the provisions of the administrative department for environmental protection of the State Council, declare to the administrative department for environmental protection of the local people's government at or above the county level where they are situated the types and quantities of the equipment they possess that cause environmental noise pollution and the noise value and prevention and control of environmental noise pollution emitted by such equipment under normal operating conditions. Noise value and the prevention and control of environmental noise pollution facilities, and provide technical information on the prevention and control of noise pollution.
If there is any significant change in the type, quantity, noise value and facilities for prevention and control of environmental noise pollution, it must be declared in a timely manner and due preventive and control measures must be taken.
Article 25
Industrial enterprises generating environmental noise pollution shall take effective measures to mitigate the impact of noise on the surrounding living environment.
Article 26
The relevant competent department of the State Council may produce environmental noise pollution of industrial equipment, shall, in accordance with the requirements of acoustic environmental protection and the country's economic and technological conditions, and gradually in the products formulated in accordance with the law in the national standards, industry standards, the noise limit value.
The noise value emitted by the operation of industrial equipment specified in the preceding paragraph shall be indicated in the relevant technical documents.
Chapter IV
Article 27
Noise from building construction, as referred to in this Law, refers to the sound generated during the process of building construction that disturbs the surrounding living environment.
Article 28
Anyone who discharges construction noise to the surrounding living environment within the urban area of a city shall comply with the state-regulated standards for the emission of ambient noise at the construction site boundaries.
Article 29
In the urban area of the city, the use of machinery and equipment in the process of building construction, which may produce environmental noise pollution, the construction unit must declare to the competent administrative department of environmental protection of the local people's government at or above the county level where the project is located fifteen days before the commencement of the project the name of the project, the place and duration of the construction, and the value of the ambient noise that may be produced, as well as the environmental noise pollution prevention measures taken. of environmental noise pollution prevention measures.
Article 30
In urban areas where noise-sensitive buildings are concentrated, it is prohibited to carry out construction work that generates environmental noise pollution at night, with the exception of emergency repair and rescue work, and work that must be carried out continuously due to the requirements of the production process or special needs.
For special needs must be continuous operation, must have the people's government at or above the county level or its relevant competent departments to prove.
The night operation as stipulated in the preceding paragraph must be announced to nearby residents.
Chapter V
Article 31
Transportation noise as referred to in this Law refers to the sound produced by motor vehicles, railroad locomotives, motorized ships, aircraft and other means of transportation in operation that disturbs the surrounding living environment.
Article 32
It is prohibited to manufacture, sell or import automobiles that exceed the prescribed noise limits.
Article 33
The mufflers and horns of motor vehicles exercising within the urban area of the city must comply with the requirements stipulated by the State. Motor vehicles must strengthen the repair and maintenance, maintain good technical performance, prevention and control of environmental noise pollution.
Article 34
Motor vehicles in the city within the urban area, motorized vessels in the urban area of the inland waterways navigation, railroad locomotives driving through or into the urban area, convalescent areas, must be in accordance with the provisions of the use of sound devices.
The installation and use of sirens by motorized vehicles such as police cars, fire engines, engineering rescue vehicles and ambulances must be in accordance with the regulations of the public security department of the State Council; the use of sirens is prohibited when carrying out non-emergency tasks.
Article 35
The public security organs of the people's governments of cities may, in accordance with the needs of acoustic environmental protection in the urban areas of the local cities, delineate the road sections and times when motor vehicles are prohibited from traveling and their use of acoustic devices is prohibited, and make announcements to the public.
Article 36
Construction of highways and urban elevated and light-rail roads passing through areas where existing noise-sensitive buildings are concentrated, which may cause environmental noise pollution, shall set up sound barriers or take other effective measures to control environmental noise pollution.
Article 37
In the construction of noise-sensitive buildings on both sides of existing urban traffic arteries, the construction unit shall be spaced a certain distance apart in accordance with national regulations, and take measures to mitigate and avoid the impact of traffic noise.
Article 38
Where radio loudspeakers are used for directing operations at stations, railroad grouping stations, ports, terminals, airports and other places, the volume shall be controlled to mitigate the impact of noise on the surrounding living environment.
Article 39
Through the urban residential areas, cultural and educational areas of the railroad, due to the operation of railroad locomotives caused by environmental noise pollution, the local people's government of the city shall organize the railroad department and other relevant departments, to formulate plans to mitigate environmental noise pollution. Railroad departments and other relevant departments shall, in accordance with the requirements of the plan, take effective measures to reduce environmental noise pollution.
Article 40
Except for take-off, landing or cases prescribed by law, civil aircraft shall not fly over urban areas. The people's government of a city shall delineate an area around the clearance for take-off and landing of aircraft to restrict the construction of noise-sensitive buildings; where noise-sensitive buildings are constructed in such an area, the construction unit shall take measures to mitigate and avoid the impact of the noise generated by the operation of the aircraft. The civil aviation department shall take effective measures to mitigate environmental noise pollution.
Chapter VI
Article 41
Social life noise as referred to in this Law refers to the sounds generated by man-made activities other than industrial noise, building construction noise and transportation noise that disturb the surrounding living environment.
Article 42
In urban areas where noise-sensitive buildings are concentrated, commercial enterprises that cause environmental noise pollution through the use of fixed equipment in their commercial business activities must, in accordance with the provisions of the administrative department for environmental protection of the State Council, declare to the competent department for environmental protection of the local people's government at or above the county level where they are situated the state of the equipment that causes environmental noise pollution and the prevention and control of environmental noise pollution facilities.
Article 43
The boundary noise of a newly built place of business culture and entertainment must comply with the environmental noise emission standards stipulated by the State; if it does not comply with the environmental noise emission standards stipulated by the State, the competent department of culture administration shall not issue a cultural operation permit, and the administrative department for industry and commerce shall not issue a business license.
Operating cultural and entertainment venues, its business managers must take effective measures to make its boundary noise does not exceed the state environmental noise emission standards.
Article 44
It is prohibited to use high-pitched broadcasting loudspeakers or adopt other methods of emitting high noise to solicit customers in commercial business activities.
Where air-conditioners, cooling towers and other equipment or facilities that may generate environmental noise pollution are used in commercial business activities, their operators and managers shall take measures to ensure that the noise at their borders does not exceed the environmental noise emission standards stipulated by the State.
Article 45
It is prohibited for any unit or individual to use high-pitched broadcasting loudspeakers in areas where noise-sensitive constructions are concentrated in urban areas.
Organizing entertainment, gatherings and other activities in the streets, squares, parks and other public **** places in urban areas, where the use of sound equipment may produce excessive volume that interferes with the surrounding living environment, must comply with the provisions of the local public security organs.
Article 46
When using household appliances, musical instruments or carrying out other family indoor recreational activities, the volume of sound shall be controlled or other effective measures shall be taken to avoid causing environmental noise pollution to the surrounding residents.
Article 47
Indoor decoration activities in completed and delivered residential buildings shall be limited in operating hours and other effective measures shall be taken to mitigate and avoid environmental noise pollution to the surrounding residents.
Chapter VII
Article 48
In violation of the provisions of Article 14 of this Law, where environmental noise pollution prevention and control facilities required to be constructed in a construction project have not been completed or have failed to meet the requirements stipulated by the state, and have been put into production or use without authorization, the competent administrative department for environmental protection that approved the environmental impact report of the construction project shall order the production or use to stop
Article 49
If, in violation of the provisions of this Law, a person refuses to report or falsely reports the required declaration of environmental noise emissions, the competent administrative department for environmental protection of the local people's government at or above the county level may, depending on the circumstances, give a warning or impose a fine.
Article 50
In violation of the provisions of Article 15 of this Law, where environmental noise pollution prevention and control facilities are dismantled or left idle without the approval of the competent administrative department for environmental protection, resulting in the environmental noise emission exceeding the prescribed standards, the competent administrative department for environmental protection of the local people's government at or above the county level shall order rectification and impose a fine.
Article 51
If a person violates the provisions of Article 16 of this Law and fails to pay the sewage charges for exceeding the prescribed standards in accordance with the state regulations, the competent administrative department for environmental protection of the local people's government at or above the county level may, depending on the different circumstances, give a warning or impose a fine.
Article 52
In violation of the provisions of Article 17 of this Law, an enterprise or institution that fails to complete the treatment task after the deadline, in addition to the additional charge of the excessive sewage charges in accordance with the state regulations, may be fined according to the hazardous consequences caused, or may be ordered to cease its business, relocate, or close down.
The fines stipulated in the preceding paragraph shall be decided by the competent administrative department of environmental protection. The people's government at or above the county level shall decide on the order to suspend business, relocate or close down in accordance with the authority prescribed by the State Council.
Article 53
If, in violation of the provisions of Article 18 of this Law, a person produces, sells, or imports equipment the production, sale, or import of which is prohibited, the competent department of economic integration of the people's government at or above the county level shall be ordered by the people's government at or above the county level to rectify the situation; if the circumstances are serious, the competent department of economic integration of the people's government at or above the county level shall put forward an opinion and report it to the people's government at the same level for an order to stop the business or close down the business in accordance with the authority prescribed by the State Council.
Article 54
If, in violation of the provisions of Article 19 of this Law, an activity that generates episodic strong noise is carried out without the approval of the local public security organ, the public security organ shall give a warning or impose a fine according to the different circumstances.
Article 55
If a unit emitting environmental noise violates the provisions of Article 21 of this Law, refuses to be inspected on the spot by the competent administrative department of environmental protection or other departments or agencies exercising the power of supervision and management of environmental noise in accordance with the provisions of this Law, or falsifies when being inspected, the competent administrative department of environmental protection or other supervisory and management departments or agencies exercising the power of supervision and management of environmental noise in accordance with the provisions of this Law may, according to different circumstances, impose a warning or fine. supervisory and management departments or agencies may, depending on the circumstances, give a warning or impose a fine.
Article 56
A building construction unit that violates the provisions of the first paragraph of Article 30 of this Law and carries out at night in a concentrated area of noise-sensitive buildings in an urban area construction operations that are prohibited from generating ambient noise pollution, shall be ordered by the competent administrative department for environmental protection of the local people's government at or above the county level of the place where the works are to be carried out to make corrections, and may be fined in addition.
Article 57
In violation of the provisions of Article 34 of this Law, if a motor vehicle does not use sound devices in accordance with the regulations, the local public security organ shall give a warning or impose a fine according to different circumstances.
Motorized vessels in violation of the preceding paragraph shall be warned or fined by the port supervisory authorities according to different circumstances.
Railway locomotives have the first paragraph of the violation, the railroad authorities shall give administrative sanctions to the responsible persons.
Article 58
In violation of the provisions of this Law, if any of the following acts are committed, the public security organs shall give a warning, and may impose a fine:
(1) using high-pitched broadcasting loudspeakers in areas where noise-sensitive buildings are concentrated in urban downtowns;
(2) violating the regulations of the local public security organs by using the public ****places in urban downtowns, such as streets, squares, parks and so on Organizing entertainment, gatherings and other activities, the use of sound equipment, producing excessive volume that interferes with the surrounding living environment;
(3) Failure to take measures in accordance with the provisions of Article 46 and Article 47 of this Law, from the interior of the home to emit environmental noise that seriously interferes with the lives of the surrounding residents.
Article 59
If a person violates the provisions of the second paragraph of Article 43 and the second paragraph of Article 44 of this Law and causes environmental noise pollution, the competent administrative department for environmental protection of the local people's government at or above the county level shall order rectification, and may impose a fine.
Article 60
If a person violates the provisions of the first paragraph of Article 44 of this Law and causes environmental noise pollution, he shall be ordered by the public security organ to make corrections and may be fined in addition.
Where the people's government at or above the provincial level decides in accordance with law that the administrative department for environmental protection of the local people's government at or above the county level shall exercise the power of administrative punishment provided for in the preceding paragraph, it shall follow its decision.
Article 61
Units and individuals endangered by environmental noise pollution shall have the right to request the perpetrator to remove the harm; if losses are caused, they shall be compensated for the losses in accordance with law.
Disputes over the liability for compensation and the amount of compensation may be dealt with by the competent administrative department of environmental protection or other supervisory and management departments or agencies in charge of the prevention and control of environmental noise pollution at the request of the parties concerned by conciliation; if the conciliation fails, the parties concerned may sue in the people's court. The parties may also directly to the people's court.
Article 62
Supervisory and management personnel of environmental noise pollution prevention and control of abuse of power, dereliction of duty, favoritism and malpractice, by their units or higher competent authorities to give administrative sanctions; constitutes a crime, shall be investigated for criminal responsibility.
Chapter VIII
Article 63
The meanings of the following terms in this Law are:
(1) "Noise Emission" refers to the radiation of noise by a noise source to the surrounding living environment.
(b) "Noise-sensitive buildings" means hospitals, schools, institutions, research units, residential buildings and other buildings that need to be kept quiet.
(3) "Noise-sensitive buildings concentrated areas" refers to medical areas, cultural, educational and scientific research areas, and institutions or residential areas.
(d) "Night time" means the period between twenty-two o'clock in the evening and six o'clock in the morning.
(e) "Motorized vehicles" means automobiles and motorcycles.
Article 64
This Law shall come into force on March 1, 1997, and the Regulations of the People's Republic of China on Prevention and Control of Environmental Noise Pollution issued by the State Council on September 26, 1989, shall be repealed at the same time.