The National Noise Standard for Urban Areas clearly stipulates the maximum ambient noise limits for five types of urban areas:
The convalescent area, high-class villa area, high-class hotel area, 50dB (decibels) during the daytime, and 40dB during the nighttime (referring to the period from 22:00 to 06:00 of the next day, hereinafter the same);
The area dominated by residential, cultural and educational institutions, 55dB during the daytime, 45dB during the nighttime. ;
Mixed residential, commercial and industrial areas, 60dB during the daytime and 50dB at night;
Industrial zones, 65dB during the daytime and 55dB at night;
Article 1 This Law is enacted for the purpose of preventing and controlling environmental noise pollution, protecting and improving the living environment, safeguarding human health, and promoting economic and social development.
Article 2 The environmental noise 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 shall apply 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 noise generated by construction projects and regional development and reconstruction on the surrounding living environment, and shall plan in an integrated manner, reasonably arrange functional areas and construction layouts to prevent or mitigate environmental noise pollution.
Article 6 The administrative department of environmental protection under the State Council shall implement 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 VIII 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 technology and popularization of scientific knowledge for the prevention and control of environmental noise pollution.
Article IX of the environmental noise pollution prevention and control of outstanding units and individuals, the people's government to give awards.
Chapter IISupervision and Management of Prevention and Control of Environmental Noise Pollution
Article 10 The administrative department of environmental protection under the State Council shall formulate the 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 national environmental noise emission standards.
Article XII of the urban planning department in determining the construction layout, shall be based on the national acoustic environment quality standards and civil building acoustic design specifications, reasonable delineation of buildings and traffic arteries of the noise-proof distance, and put forward the corresponding planning and design requirements.
Article XIII of the new construction, alteration and expansion of construction projects, must comply with national regulations on environmental protection management of construction projects.
Construction projects may produce environmental noise pollution, the construction unit must put forward an environmental impact report, stipulating the prevention and control measures of environmental noise pollution, and in accordance with the procedures stipulated by the state shall be reported to the administrative department of environmental protection for approval.
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 approved by the original environmental impact report on the acceptance of the competent administrative department of environmental protection; fails to meet the state requirements, the construction project shall not be put into production or use.
Article 15 of the environmental noise pollution enterprises and institutions, must maintain the prevention and control of environmental noise pollution facilities for normal use; demolition or idle environmental noise pollution prevention and control facilities must be reported in advance by the local people's government at or above the county level of the local administrative department of environmental protection approval.
Article XVI produces environmental noise pollution units, shall take measures to control, and in accordance with state regulations to pay excessive sewage charges.
The excess sewage charges levied must be used for the prevention and control of pollution and may not be diverted for other purposes.
Article XVII for the noise-sensitive buildings in the concentration of the area causing serious environmental noise pollution of enterprises and institutions, a limited period of time.
The unit of governance must be completed by the governance task. Limited governance by the people's governments at or above the county level in accordance with the authority of the State Council.
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 a phase-out 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 with serious environmental noise pollution that is prohibited from production, sale or importation for a limited period of time.
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 In the city engaged in production activities do need to discharge occasional strong noise, must be applied to the local public security organs in advance, after approval 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 of environmental protection.
Article 21 of the people's governments at or above the county level, the administrative department of environmental protection and other environmental noise pollution prevention and control of supervision and management departments and agencies, have the right to their respective responsibilities for the jurisdiction of the emission of ambient noise on-site inspection of the unit. The inspected unit 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 IIIPrevention and Control of Industrial Noise Pollution
Article 22 The industrial noise 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 Where industrial noise is discharged into the surrounding living environment within a city, it shall comply with the state-regulated ambient noise emission standards for the factory boundaries of industrial enterprises.
Article 24 An industrial enterprise that causes environmental noise pollution by using 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 it is situated the types and quantities of the equipment that cause environmental noise pollution, as well as the value of the noise and the facilities for preventing and controlling environmental noise pollution that are emitted under normal operating conditions, and provide information on the facilities for preventing environmental noise pollution. facilities for the prevention and control of environmental noise pollution, and to provide technical information for 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 of the industrial enterprises that generate environmental noise pollution, shall take effective measures to mitigate the impact of noise on the surrounding living environment.
Article 26 The relevant competent departments 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 national standards of products formulated in accordance with the law, the national standards, industry standards, the noise limit value.
The noise value emitted by industrial equipment during operation as stipulated in the preceding paragraph shall be indicated in the relevant technical documents.
Chapter IVConstruction Noise Pollution Prevention
Article 27 The construction noise referred to in this Law refers to the sound generated in the course of construction that disturbs the surrounding living environment.
Article 28 Where construction noise is discharged into the surrounding living environment within the urban area of a city, it shall comply with the state-regulated ambient noise emission standards for the construction site boundaries.
Article 29 Within the urban area of the city, the use of machinery and equipment in the course of building construction, may produce environmental noise pollution, the construction unit must be fifteen days before the commencement of the project to the local people's government at or above the county level of the local environmental protection administrative department of the project to declare the name of the project, the construction site and the duration of the project, the possible value of the ambient noise and the environmental noise pollution prevention and control measures taken. prevention and control measures taken.
Article 30 In the urban areas of noise-sensitive buildings in concentrated areas, it is prohibited to carry out construction work at night that generates environmental noise pollution, except for emergency repair and rescue work and continuous operation 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 stipulated in the preceding paragraph must be announced to nearby residents.
Chapter VTransportation Noise Pollution Prevention and Control
Article 31 The transportation noise 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 motor vehicles that exceed the prescribed noise limit.
Article 33 The mufflers and horns of motor vehicles exercising within the urban area of a city must conform to the requirements prescribed by the State. Motor vehicles must strengthen the repair and maintenance, maintain good technical performance, prevention and control of environmental noise pollution.
Thirty-fourth motor vehicles in the city within the urban area, motorized ships 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 in which motor vehicles are prohibited from traveling and their use of acoustic devices is prohibited, and make public announcements to the public.
Article 36 The construction of highways and urban elevated and light railroads passing through existing noise-sensitive buildings in concentrated areas, which may cause environmental noise pollution, shall install sound barriers or take other effective measures to control environmental noise pollution.
Article 37 In the existing urban traffic arteries on both sides of the construction of noise-sensitive buildings, the construction unit shall, in accordance with national regulations, a certain distance apart, and to take measures to mitigate and avoid the impact of traffic noise.
Article 38 In stations, railroad grouping stations, ports, terminals, airports and other places to command the operation of the use of radio speakers, shall control the volume, reduce the 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 cause environmental noise pollution, the local people's government of the city shall organize the railroad department and other relevant departments, to develop plans to reduce 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 In addition to take-off, landing or the circumstances prescribed by law, civil aircraft shall not fly over the urban areas of cities. The urban people's government shall take off, landing in the aircraft clearance around the delineation of restrictions on the construction of noise-sensitive building area; in the construction of noise-sensitive buildings in the area, the construction unit shall take measures to mitigate and avoid the impact of noise generated by the operation of aircraft. The civil aviation department shall take effective measures to mitigate environmental noise pollution.
Chapter VIPrevention of Noise Pollution in Social Life
Article 41 The noise in social life referred to in this Law refers to the sound generated by man-made activities other than industrial noise, building construction noise and transportation noise that interferes with the surrounding living environment.
Article 42 A commercial enterprise that causes environmental noise pollution through the use of fixed equipment in its commercial business activities in an area where noise-sensitive buildings are concentrated in an urban area must, in accordance with the provisions of the administrative department for environmental protection under the State Council, declare to the administrative department for environmental protection under the local people's government at or above the county level where it is located the status of the equipment it owns that causes environmental noise pollution, and the status of its facilities for preventing and controlling environmental noise pollution. noise pollution prevention and control facilities.
Article 43 The boundary noise of a newly constructed place of business culture and entertainment must conform to the environmental noise emission standards stipulated by the State; if it does not conform to 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 prohibits the use of broadcasting loudspeakers or 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 prescribed by the State.
Article 45 prohibits the use of broadcasting loudspeakers by any unit or individual in the concentrated areas of noise-sensitive constructions in urban areas.
In urban areas of streets, squares, parks and other public **** places to organize entertainment, gatherings and other activities, the use of audio equipment may produce interference with the surrounding living environment of excessive volume, must comply with the provisions of the local public security organs.
Article 46 When using household appliances, musical instruments or conducting other family indoor recreational activities, the volume shall be controlled or other effective measures shall be taken to avoid 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 VIILegal Liability
Article 48 If, in violation of the provisions of Article 14 of this Law, the environmental noise pollution prevention and control facilities required to be constructed in a construction project are not completed or do not meet the requirements stipulated by the state, and are put into production or use without authorization, the competent administrative department for environmental protection that approves the environmental impact report of the construction project shall order the production or use to be stopped and may also impose a fine.
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 Violation of the provisions of Article 15 of this Law, without the approval of the competent administrative department for environmental protection, unauthorized demolition or idling of environmental noise pollution prevention and control facilities, resulting in ambient noise emissions in excess of the prescribed standards, by the local people's government at or above the county level of the competent administrative department for environmental protection shall be ordered to make corrections, and shall be fined.
Article 51 Violation of the provisions of Article 16 of this Law, not in accordance with state regulations to pay the excessive sewage charges, the penalty with Article 49
Article 52 Violation of the provisions of Article 17 of this Law, by the deadline for treatment of overdue treatment of the task of the enterprises and institutions, in addition to in accordance with state regulations and additional charges for the excess of the sewage charges, according to the consequences of the hazards caused by the penalty, or ordered to suspend business, relocate, or impose fines, or ordered to suspend business, relocate, or ordered to suspend business, relocate, or ordered to suspend business, or ordered to suspend business, relocate. Or ordered to suspend business, relocation, closure.
The fines stipulated 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 on the order of suspension, relocation or closure in accordance with the authority prescribed by the State Council.
Article 53 Violation of the provisions of Article 18 of this Law, the production, sale, import of prohibited production, sale, import of equipment, the people's governments at or above the county level of the economic integration department shall order correction; the circumstances are serious, by the people's governments at or above the county level of the comprehensive economic integration department shall put forward an opinion, and report to the people's governments at the same level, in accordance with the authority of the State Council shall be ordered to stop business, closure.
Article 54 Violation of the provisions of Article 19 of this Law, without the approval of the local public security organs, the generation of occasional strong noise activities, the public security organs, depending on the circumstances of the warning or a fine.
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 right to supervise and manage 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 exercising the right to supervise and manage environmental noise in accordance with the provisions of this Law, organization may, depending on the circumstances, give a warning or impose a fine.
Article 56 If a building construction unit violates the provisions of the first paragraph of Article 30 of this Law and carries out at night construction operations that are prohibited from generating environmental noise pollution in a concentrated area of noise-sensitive buildings in an urban area, the competent department of environmental protection administration of the local people's government at or above the county level where the works are carried out shall order rectification, and may impose a fine in addition.
Article 57 Violation of the provisions of Article 34 of this Law, motor vehicles do not use sound devices in accordance with the provisions of the local public security organs shall be given a warning or fined according to the different circumstances.
Motorized vessels that violate the preceding paragraph shall be given a warning or fined by the port supervisory authorities in accordance with the different circumstances.
Railway locomotives have the first paragraph of the violation, the railroad authorities shall give administrative sanctions to the responsible persons.
Article 58 Violation of the provisions of this Law, one of the following acts, the public security organs shall give a warning, and may also impose a fine:
(1) the use of broadcasting loudspeakers in urban urban areas in the area of concentration of noise-sensitive buildings;
(2) violation of the provisions of the local public security organs in urban urban areas in the streets, squares, parks and other public **** places, organizing recreation, assembly 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 Anyone who 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 shall be ordered by the competent administrative department for environmental protection of the local people's government at or above the county level to make corrections, and may be fined in addition.
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 authorities to make corrections, and may also be fined.
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 who are endangered by environmental noise pollution have the right to request the perpetrator to remove the harm; if losses are caused, the losses shall be compensated according to 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 for the prevention and control of environmental noise pollution at the request of the parties concerned by mediation; if mediation fails, the parties concerned may sue in the people's court. The parties may also directly to the people's court.
Article 62 The supervisory and management personnel of the prevention and control of environmental noise pollution 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
Attachments
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.
(2) "Noise-sensitive buildings" refers to hospitals, schools, institutions, scientific research units, residences 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.
The area on both sides of the road traffic trunk roads, inland waterways, and railroad main and secondary trunk lines in cities shall be 70dB during daytime and 55dB at night.