Regulations for the prevention and control of environmental noise pollution
(adopted at the 3rd meeting of the standing committee of the 12th people's congress of hefei on May 22, 1998 and approved at the 5th meeting of the standing committee of the 9th people's congress of anhui province on August 15, 1998)
Chapter I general provisions
Article 1 these regulations are formulated in accordance with the environmental protection law of the People's Republic of China, the law of the People's Republic of China on the prevention and control of environmental noise pollution and other relevant laws and regulations in light of this municipality's actual conditions in order to prevent and control environmental noise pollution, protect and improve the living environment, safeguard human health and promote economic and social development.
Article 2 these regulations shall be applicable to the prevention and control of environmental noise pollution within this municipality's urban planning areas. All units and individuals shall abide by these regulations.
Article 3 people's governments at various levels in this municipality shall present the prevention and control of environmental noise pollution, protection and improvement of acoustic environmental quality of work included in the plan for national economic and social development and urban construction planning, conducive to the environmental noise pollution prevention policies and measures to encourage organizations to develop and promote low noise technologies, processes, equipment and products, comprehensive control of environmental noise pollution.
Article 4 the competent administrative departments of environmental protection under the people's governments of cities and counties (suburban areas) shall exercise unified supervision and administration over the prevention and control of environmental noise pollution within the areas under their jurisdiction. Its environmental supervision agency is responsible for daily supervision.
The competent departments of public security, communications, railways and civil aviation shall, in accordance with their respective functions and duties, exercise supervision and administration over the prevention and control of noise pollution in transportation and in public life.
Departments of planning, construction management, culture, industry and commerce, economy and trade shall assist the competent administrative department of environmental protection in the prevention and control of environmental noise pollution.
Article 5 all units and individuals shall have the obligation to protect the acoustic environment, and shall have the right to report on or file charges against units or individuals that cause environmental noise pollution, and to require the polluter to eliminate pollution. Units and individuals that cause noise pollution must conscientiously control and eliminate noise pollution.
Article 6 the municipal and county (suburban) people's governments shall commend and reward the units and individuals that have made outstanding achievements in the prevention and control of environmental noise pollution.
Chapter ii supervision and administration
Article 7 the municipal people's government shall, in accordance with the national technical code for the division of the applicable zones for environmental noise in urban areas, formulate the division of functional zones for environmental noise in hefei city and be responsible for the implementation thereof.
Article 8 when determining the layout of urban construction, the urban planning department shall, in accordance with the division of environmental noise functional areas in hefei city and the national code for the design of sound insulation of civil buildings, delimit the noise prevention distance between the buildings and the traffic trunk lines, and put forward corresponding planning and design requirements.
Article 9 no facilities of various kinds that discharge environmental noise in excess of the quality standards shall be built in the following areas:
(1) the scope of its influence on residential areas, schools, kindergartens, hospitals, government organs and scientific research institutions;
Scenic spots, nature reserves and health resorts.
Article 10 construction projects newly built, rebuilt or expanded must comply with the state provisions on environmental protection administration of construction projects.
For a construction project which may cause environmental noise pollution, the construction unit must submit an environmental impact report (form), stipulate measures for the prevention and control of environmental noise pollution, and report to the competent department of environmental protection administration for approval in accordance with the procedures prescribed by the state. No department concerned may set up a project which has not been examined or rejected by the competent department of environmental protection administration.
The competent administrative department of environmental protection shall, within 3 days upon receipt of the construction project proposal, examine and approve the proposal. If no reply is given after the time limit, the consent shall be deemed to have been given.
The environmental impact statement (form) shall include the opinions of the units and residents where the construction project is located.
Article 11 facilities for the prevention and control of environmental noise pollution in a construction project must be designed, constructed and put into operation at the same time as the main part of the project. The construction unit shall go through the examination procedures with the competent administrative department of environmental protection within 10 days before the commencement of construction.
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 department of environmental protection administration that originally examined and approved the environmental impact statement (table); If it fails to meet the requirements prescribed by the state, the construction project shall not be put into production or use.
Article 12 the competent administrative departments of environmental protection at the municipal, county (suburban) level and other departments in charge of supervision and administration of the prevention and control of environmental noise pollution shall have the power, according to law, to conduct on-site inspections of units and individuals that discharge environmental noise within their jurisdiction. Units and individuals under inspection must truthfully report the situation and provide necessary materials. The supervisory and administrative departments shall keep confidential the technical and business secrets of the units and individuals under inspection.
Supervisory and administrative personnel must have two or more persons on site for inspection and show their law enforcement certificates.
Article 13 any person who discharges noise from construction, industrial production or business activities to the surrounding environment must go through the formalities for pollutant discharge declaration and registration at the local competent department of environmental protection administration 15 days before the commencement of construction, production or business and obtain the "pollutant discharge declaration and registration certificate". The contents of pollution discharge declaration include: equipment for discharging noise and noise value discharged under normal operating conditions after noise pollution treatment, etc., and technical data for prevention and control of noise pollution shall be presented.
Any major change in the type, quantity, noise value and prevention and control facilities of the equipment that causes environmental noise pollution must be reported 7 days in advance and effective prevention and control measures shall be taken. In case of any major change and the declaration procedures are not fulfilled, the application shall be deemed to have been rejected.
The annual inspection system is implemented in the "pollutant discharge declaration registration certificate", which is audited once a year.
Article 14 units that cause environmental noise pollution must maintain the normal operation of their facilities for the prevention and control of environmental noise pollution. The dismantling or idling of installations for the prevention and control of environmental noise pollution must be approved 10 days in advance by the local administrative department of environmental protection.
Article 15 it is prohibited to introduce technologies and equipment that emit noise in excess of the national standards.
It is forbidden to produce or sell equipment whose production or sale has been suspended, as announced by the state, and whose environmental noise pollution is serious.
Article 16 no equipment that causes serious environmental noise pollution may be transferred for use by units or self-employed households that have no ability to prevent and control environmental noise pollution.
Article 17. Where serious environmental noise pollution is caused within the scope prescribed in article 9 of these regulations, the people's government of the city or county (suburb) shall, within the limits of its authority as prescribed by the state council, make a decision on the treatment within a time limit.
Units subject to treatment within a time limit must complete the treatment within the time limit.
Article 18 units and individual business households that discharge noise into the surrounding environment in excess of the environmental noise standards set by the factory (or field) boundary shall pay the pollution discharge fee in excess of the standards as prescribed, and shall take measures to mitigate or eliminate the impact of noise within a time limit.
Construction noise pollution discharge fees shall be incorporated into the construction cost and borne by the construction unit.
Article 19 the municipal environmental monitoring institutions shall monitor the acoustic environment quality in the designated areas where environmental noise is applicable, and shall publish the monitoring results to the public regularly.
Chapter iii prevention and control of industrial noise pollution
Article 20 the discharge of industrial noise into the surrounding environment shall conform to the noise standards set by the state for the boundary of industrial enterprises.
Article 21 industrial enterprises that produce environmental noise pollution shall take effective measures to mitigate or eliminate the impact of noise on the surrounding environment.
Article 22 within the first ring road of this municipality and within the scope of article 9 of these regulations, it is forbidden to build, expand or rebuild any industrial enterprise project with serious noise pollution.
Chapter iv prevention and control of noise pollution during construction
Article 23 the emission of construction noise into the surrounding environment shall conform to the limits of environmental noise of the construction site boundary set by the state.
Article 24 within the first ring road of this municipality and within the scope of article 9 of these regulations, construction operations that cause environmental noise pollution at night and at noon are prohibited. However, if continuous operation is required due to the requirements of construction technology or special needs, the municipal administrative department of construction shall, 7 days in advance, present the certificate issued by the municipal administrative department of environmental protection to the municipal administrative department of environmental protection for approval. Construction may be carried out in advance for rush repair and rescue operations, and then the work shall be filed with the municipal administrative department of environmental protection for the record. Earthwork excavation and transportation at the construction site shall be carried out in accordance with the nighttime operation time, special vehicles and designated routes stipulated by the municipal people's government, and shall be announced to the residents nearby.
Article 25 construction operations that cause environmental noise pollution shall be prohibited one week before the college entrance examination and during the examination period.
Article 26. Specific measures for the administration of the widespread use of ready-mixed (commercial) concrete in construction projects shall be formulated separately by the municipal people's government.
Chapter v prevention and control of traffic noise pollution
Article 27 the public security department shall, in accordance with the overall objectives and requirements of the municipal environmental protection and the needs of protecting and improving the sound environment quality, specifically delimit the areas, sections and time for motor vehicles to be prohibited from ringing, exercise traffic noise control and gradually expand the scope of the prohibited from ringing.
Article 28 motor vehicle drivers shall not honk their horns in areas, road sections and times where no honking is allowed.
Article 29 an annual inspection system shall be implemented for motor vehicle noise. The annual inspection of noise shall be conducted simultaneously with other annual inspections of motor vehicles.
Public security departments shall not issue annual inspection certificates for motor vehicles that do not meet the national standards for permitted noise from motor vehicles and have not obtained the annual inspection certificates for noise from motor vehicles issued by the competent administrative department of environmental protection.
Article 30 motor vehicles running in urban areas shall keep the noise elimination system working normally, and disassembly of the noise elimination device shall be prohibited.
Article 31 motor vehicles operating in urban areas must use woofers that conform to the regulations of the public security and environmental protection departments.
Article 32 loudspeakers and sirens with special performance installed and used by special vehicles such as police cars, fire engines, ambulances and engineering emergency vehicles shall conform to the provisions of the public security departments and shall not be used except in the course of performing urgent tasks.
The burglar alarm installed on motor vehicles shall comply with the regulations of the public security department.
Article 33 commercial vehicles shall not use loudspeakers to solicit passengers.
Article 34 high-noise motor vehicles such as tractors and three-wheeled motorcycles are prohibited from entering the area within the first ring road of this municipality.
Article 35 a motor vessel shall keep its muffler in normal operation and the noise emitted shall conform to the state provisions on noise levels of inland vessels. Motor vessels shall not use sirens when entering urban waters or wharves.
Article 36 the honking of railway sirens shall comply with the provisions on railway environmental protection.
Chapter vi prevention and control of noise pollution in public life
Article 37 except in the following circumstances, no unit or individual may install or use high-pitched loudspeakers outdoors. No publicity activities shall be carried out by broadcasting vehicles or using sound equipment along the streets.
(1) celebrations and publicity activities approved by the people's governments of provinces and cities;
(2) organizing large-scale cultural and sports activities at or above the provincial or municipal level;
(3) schools or kindergartens of all kinds hold sports meetings, flag-raising ceremonies, broadcast gymnastic exercises or eye exercises;
(4) emergency situations such as rescue and disaster relief.
Article 38 commercial, catering and entertainment service units and individual business households shall not use sound equipment outdoors to solicit customers, publicize commodities or carry out promotional activities. It is prohibited to use aircraft over the city for commodity publicity.
Article 39 units and individual households that use air conditioners, cooling towers, sound equipment and other equipment to produce environmental noise pollution shall take effective measures to ensure that the noise at their boundaries conforms to the state standards for noise at the factory boundaries of industrial enterprises.
Article 40 no noise pollution shall be caused to the surrounding environment by open-air dance halls, ice rinks or other outdoor entertainment places.
The above premises within the first ring road of this city shall not be open for business from 23am to 6am the next day.
Article 41 if a commercial celebration requires the accompaniment of an orchestra, an application shall be made to the competent department of environmental protection administration in the place where the celebration takes place 3 days in advance. Failure to reply within 3 days shall be deemed as consent.
Article 42 the use of household appliances such as stereos and Musical Instruments and the holding of family entertainment activities shall be controlled in volume and time and shall not affect the work, life and study of others.
Article 43 loudspeakers used in railway stations, vehicle marshalling yards, airports, wharfs and other transport hubs shall be controlled in order to reduce the impact of noise on the surrounding environment.
Article 44 it is forbidden to set up new metal processing, wood processing, vehicle repair and other enterprises at the ground floor of residential buildings that cause environmental noise pollution.
Article 45 if it is necessary to discharge occasional strong noise in production activities, it must be reported to the local public security department for examination and approval 7 days in advance and published to the public 2 days in advance.
After receiving the application, the public security department shall make an approval within 5 days. If no approval is made within the time limit, the public security department shall be deemed to have agreed.
Article 46 it is forbidden to use electric drills, chainsaws, planers, percussion drills and other tools that cause environmental noise pollution to carry out home decoration operations at night or at noon.
Chapter vii legal responsibility
Article 47. Whoever, in violation of the provisions of these regulations, commits any of the following ACTS shall be given a warning, ordered to make corrections and fined by the competent department of environmental protection administration at or above the county level:
(1) failing to implement an environmental impact assessment system for any new construction project, reconstruction or expansion of which may cause environmental noise pollution;
(2) dismantling or leaving idle facilities for the prevention and control of environmental noise pollution without approval by the competent administrative department of environmental protection, thus causing the discharge of environmental noise to exceed the prescribed standards;
(3) refusing an on-site inspection or practicing fraud while being inspected;
(4) failing to go through the formalities for the declaration and registration of pollution discharge or refusing or falsely reporting the prescribed declaration items for the discharge of environmental noise;
(5) the "pollution discharge declaration registration certificate" has not been audited annually;
(6) failing to pay the fee for excessive discharge of pollutants in accordance with state regulations;
(7) transferring equipment that causes serious environmental noise pollution to a unit or individual operator without the ability to prevent and control environmental noise pollution;
(8) commercial, catering and entertainment service units or self-employed households use sound equipment outdoors to solicit customers, publicize commodities and carry out commodity promotion activities;
(9) causing noise pollution to the surrounding environment by outdoor dance halls, ice rinks or other outdoor entertainment places;
(10) business celebration
