Measures Of Chongqing City Environmental Noise Pollution Control

Original Language Title: 重庆市环境噪声污染防治办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387133.shtml

Measures of Chongqing City environmental noise pollution control

    (February 16, 2013, Chongqing Municipal People's Government at the 2nd Executive meeting on March 18, 2013, order No. 270, promulgated by the people's Government of Chongqing as of May 1, 2013) Chapter I General provisions

    First for the prevention and control of environmental noise pollution, protecting and improving the environment, safeguard human health, promote economic and social development, in accordance with the People's Republic of China on prevention and control of environmental noise pollution in Chongqing City environmental protection law and other laws and regulations, combined with the city's actual, these measures are formulated.

    Article in the administrative area of the prevention and control of environmental noise pollution in the city this way.

    Article city and district (County) on the administration of the people's Government responsible for the quality of the acoustic environment.

    Fourth environmental protection authorities to the area of the prevention and control of environmental noise pollution exercise unified supervision and management, whose main functions are:

    (A) in conjunction with the departments concerned to develop noise pollution prevention planning and sound environmental function zoning scheme, reported to the people's Governments at the corresponding level for approval to organize its implementation;

    (B) preparation of noise pollution prevention annual target decomposition scheme, approved the people's Governments at the corresponding level, in charge of the people's Governments at the corresponding level to the lower level people's Governments and the departments concerned under the implementation of annual objectives and tasks of inspection, supervision and evaluation;

    (C) to establish sound environmental quality monitoring networks and organizations to monitor, regularly publish sound environmental quality condition;

    (Iv) is responsible for the noise and industrial noise, building construction business, dining, culture and entertainment noise generated by business activities, such as the use of fixed equipment supervision and management.

    Fifth public security organs are responsible for noise supervision and administration of the following:

    (A) within the town engaged in sporadic intense noise emissions from production activities;

    (B) in commercial activities or in areas where noise-sensitive buildings are concentrated using loudspeakers, high noise of audio equipment;

    (C) meetings, parties, entertainment, fitness, activities such as memorials, animal husbandry, and completed and delivered for the use of residential renovations in the building of noise generated by such activities;

    (D) motor vehicle, bicycle and scooter, carts and other equipment emissions and noise;

    (E) other social noise.

    Sixth maritime administrative agencies, fisheries authorities in accordance with the responsibilities assigned to supervise and administer the noise of ship emissions.

    Railway, civil aviation authorities in accordance with their respective responsibilities, respectively, on noise emissions from railway locomotives and aircraft exercising supervision and management.

    Urban and rural construction, urban and rural planning, urban, transportation, culture, quality supervision departments in the context of their respective responsibilities to supervise and administer the prevention and control of environmental noise pollution.

    The seventh Township people's Governments, neighborhood offices shall cooperate with the relevant departments to supervise the prevention and control of environmental noise pollution in the area.

    Community neighborhood Committee, the villagers ' committees and property management units should assist local governments and related departments to do environmental protection.

    Eighth article of any units and individuals have the obligation to protect the environment, and the right to report and environmental noise pollution complaints.

    Environmental protection departments and relevant departments of the supervision and management of environmental noise, reports should be set up to monitor phone calls and mail, and to the public to receive reports and complaints of environmental noise pollution.

    The Nineth Department of environmental protection, public security and other departments should strengthen coordination and cooperation, joint prevention and control of environmental noise pollution. Environmental protection departments and relevant departments of the supervision and management of environmental noise on the case does not fall under its jurisdiction shall promptly transfer the jurisdiction the jurisdiction of the Department.

    Custody of departments should be processed in a timely manner, and will reply to parties.

    Chapter II supervision and administration

    The tenth municipal people's Government departments and district (County) Government of the organizational structure of urban and rural development, regional development, traffic and other planning, should be included in the document of planning environmental impact assessment environmental impact assessment.

    11th environmental function zone, according to the needs of economic and social development, in accordance with the technical specifications of environmental function zoning designation and implementing sound environmental quality standards.

    Acoustic environment in the downtown zoning scheme compiled by the municipal environmental protection Department, in conjunction with relevant departments, and submitted to the municipal people's Government for approval; environmental function Division in other areas from the district (County) of Environmental Protection Department, in conjunction with relevant departments, the people's Governments at the corresponding level for approval and reported to the city's environmental protection departments.

    Adjustment of sound environmental function zone, according to the program.

    12th urban planning departments in determining the construction layout, should be based on technical regulations for urban planning and management, national and the sound environment quality standards and specifications of sound insulation for building design, environmental impact assessment conclusions, setting industrial park, lines of communication, can contribute to the noise pollution of municipal and public facilities, such as the noise protection zone, and propose appropriate planning and design requirements.

    13th environmental noise generated by new construction, expansion, renovation projects, shall, in accordance with and the relevant provisions of this city supporting implementation of environmental impact assessment and environmental protection simultaneously with the principal part of the project design, construction, and operation of systems. The construction project environmental impact assessment document should identify the necessary noise protection zone. Urban planning departments in the construction project planning permit of construction engineering design should be in the noise protection zone for review.

    Not planning to build noise-sensitive structures within the noise protection zone.

    14th prohibits noise sensitive areas where buildings are concentrated in construction, reconstruction and expansion of environmental noise pollution of industrial enterprises, or engaged in metal processing and stone processing, wood processing and other activities produce environmental noise pollution.

    Prohibited in residential buildings, museums, libraries, cultural relics protection units within the building as well as schools, hospitals, within 200 metres of the authorities to set up noise and vibration pollution of entertainment.

    15th new construction, renovation or expansion noise-sensitive structures should implement national and the city code for sound insulation design of buildings, its water supply, elevators, ventilation and sound quality, underground garages and other public facilities, shall comply with the standard provided for in the State and this municipality.

    Urban construction departments should be of sound insulation for building design and construction quality supervise implementation of mandatory standards.

    16th prepare environmental impact reports (table) of newly-built commercial residential real estate development enterprises shall, in accordance with national and the acoustic environment impact assessment, environmental impact assessment regulations, in their sales outlets and public houses sold by outside noise pollution and preventive measures taken.

    17th noise emission into the environment of enterprises and individual industrial and commercial households, shall, in accordance with national provisions and the municipality of emission Declaration and pollution discharge permission system. 18th environmental emissions noise emission standards exceed State or this city, should the time limit in accordance with the provisions of the State and this municipality.

    Fails to complete the task of governance, closure, change of business, relocate or shut down.

    Noise ultra-standards levied sewage charges as stipulated in the State and this municipality.

    Chapter III pollution control

    19th to encourage the use of low noise of new technology, new materials, new technology and new equipment.

    Banning the production, sale, import or use the devices listed in the national directory of environmental noise pollution equipment and products.

    20th may produce noise production, construction, operation and other activities, adjust the working time and reasonable layout of noise pollution should be taken position, improving technology and other measures to prevent noise nuisance.

    21st in noise-sensitive areas where buildings are concentrated in the construction and construction units should be in public at the construction site during the construction period the project name, project owners, project content and time contact name, site supervisor, construction units and contacts, possible noise pollution and prevention measures.

    22nd prohibits at noise sensitive buildings focus on regional environmental noise pollution of night work, repair, rescue operations and production requirements or special needs except for continuous operation. Night-time noise-sensitive structures is carried out in focused areas, rescue operations, construction noise pollution prevention measures should be taken, while night work projects, estimated time of construction to the district (County) the Environmental Protection Department reported.

    Environmental Protection Department shall immediately conduct on-site verifications; verified found no danger, cannot be identified as repair, rescue operations. Due to production requirements or special needs night-time construction, construction units concerned should at night before the 4th, in accordance with the provisions of relevant laws and regulations for approval. Municipal infrastructure construction and maintenance projects, municipal urban infrastructure projects identified must be night time, respectively, by the Department of municipal, urban and rural construction certificate.

    Construction units should be 1st before construction at the construction site at night notice residents nearby.

    Environmental protection, municipal and urban-rural development department shall supervise the project owners and construction units to implement noise pollution control measures to reduce nighttime construction operations, mitigate environmental noise pollution.

    23rd among repair, rescue operations, and prohibited the University entrance exam, before middle school examination in the 15th as well as the college entrance examination, during tests in noise-sensitive buildings focus on regional emissions and noise pollution of night work prohibited examination or within 100 meters around the area in the examination room during the examination of environmental noise pollution in construction jobs. 24th building, rebuilding, expansion of traffic lines, it should be reasonable to avoid noise sensitive areas where buildings are concentrated.

    Construction unit should be based on conclusions and approval of environmental impact assessment, create sound barriers or other effective measures to control noise pollution. Traffic on both sides of the new noise-sensitive structures shall conform to noise protection requirements.

    Construction unit should be based on conclusions and approval of environmental impact assessment, in a construction project at the same time, set the sound barrier, green shelter belt or other effective measures to control noise pollution.

    25th road surface shall comply with the requirements of this technical specification for road maintenance, low noise.

    Road speed should optimize the Setup, and use low noise material construction.

    26th article prohibiting the demolition or illegal modification of motor vehicles in use noise reduction device. Quality and technology supervision departments shall, together with the public security traffic Administrative Department in accordance with State and this city provides for stationary noise test for motor vehicles in use.

    Without detection or detection does not meet the criteria, no motor vehicle inspection certificate issued by the public security traffic management sector.

    27th after repair, adjustment or control technology is used, the article still does not meet the national noise emissions by motor vehicles should force the scrapping.

    28th-vehicle in the forbidden sound roads and regional sound Horn.

    Ban Ming Road and the main city area by the city's public security authorities, other Ming Road and regional ban by District (County) public security authorities.

    Locomotive whistle, in accordance with the relevant provisions of the State.

    Article 29th to install and use anti-theft alarm, shall comply with the relevant provisions of the State and this municipality.

    Police cars, fire engines, ambulances and engineering emergency vehicles special vehicles with special properties, such as horns and sirens, shall comply with the provisions of the public security organs, banning the use of non-emergency tasks.

    Article 30th ports, docks, stations, parking, reasonable in vehicle repair site planning and site selection and to take measures to prevent noise pollution.

    31st in urban inland waterway navigation or operation shall be in accordance with the relevant provisions of the State and this municipality use of sound devices to prevent noise pollution.

    Marine traffic in the main city port (Guo Jia Tuo to Ma sangxi bridge over the Yangtze River waters and waters of jialing River Bridge high garden, the same below), whistle test, well in sight, there is no other ship threatened the ship when sirens may not be used.

    Prohibit mining, transporting sand and gravel ship in the main city port conducted night mining and uninstall operations.

    32nd among police, medical and rescue, forest fire prevention and other countries outside the aircraft, prohibition of environmental noise pollution in general aviation, equipment in noise sensitive areas where buildings are concentrated in low altitude flight training or engaged in commercial activity. Article 33rd town needed sporadic production activities within a strong noise, should apply to the local public security authority, approval to proceed.

    The local public security organs should be announced to the public.

    Meetings, parties, entertainment, fitness, activities such as memorials, animal husbandry, no noise.

    In noise-sensitive areas where buildings are concentrated on the use of motor vehicles and carts, pulleys and other equipment, no noise.

    12 to 14 and 22 points to 8 o'clock the next day, against noise noise sensitive areas where buildings are concentrated in the interior decoration of such activities, in other periods should take effective measures to prevent or mitigate noise nuisance. 34th no unit or individual is prohibited in areas where noise-sensitive buildings are concentrated using loudspeakers or other audio equipment noise.

    But except in the following circumstances:

    (A) the rescue, recovery, response to emergency situations such as;

    (B) with the approval of the cultural, sports, celebrations and other social events;

    (C) all types of school, kindergarten play exercises and eye exercises as well as games, the flag-raising ceremony;

    (D) railway stations, ports, terminals, airports and main roads intersection, during peak traffic time necessary dredging activities;

    (E) other circumstances approved by the public security organs.

    Loudspeakers used in the preceding paragraph or other audio device, in non-emergency situations, should control the volume, reduce noise pollution to the surrounding environment.

    Prohibition of the use in commercial activities the loudspeakers or other audio equipment to attract customers.

    35th air conditioner, cooling towers, exhaust fans, generators, water pumps and distribution, water supply and drainage of residential zone, facilities, equipment, should be rationally set up and installation, noise emissions should meet the stipulated emission standards.

    The fourth chapter legal liability

    Article 36th disobey article 14th, new construction, expansion or reconstruction of environmental noise pollution of industrial enterprise or establishment of entertainment, by the Department of environmental protection shall be ordered to stop construction or operation, fined a maximum of 10000 Yuan more than 30000 Yuan.

    In noise-sensitive areas where buildings are concentrated in the metal processing and stone processing, wood processing activities, such as noise pollution, by the Department of environmental protection a rectification; fails, the unit shall be fined a maximum of 10000 Yuan and more than 30000, for individuals between 10000 and 5000 Yuan Yuan fine.

    37th in violation of the provisions of article 21st by the Environmental Protection Department ordered corrective action; it refuses, fined a maximum of 5000 Yuan and more than 20000.

    38th article violates provisions of the first paragraph of article 29th of this approach and give a warning; warning do not make the corrections, fines of between 50 Yuan and 200 Yuan.

    Violation of the provisions of the second paragraph of article 29th of this approach, by the public security authorities in accordance with the relevant provisions for punishment.

    39th disobey the 16th article, not real estate development enterprises in public sales of residential apartment sales places to suffer from noise pollution and prevention measures taken by the Environmental Protection Department ordered corrective action.

    40th in violation of the provisions of article 35th by the Environmental Protection Department to order the suspension of use, reinstall the deadline or to take measures such as insulation, more than 5000 Yuan and fined a maximum of 20000.

    41st article violates these rules, any of the following acts, warning by the police, warning do not make the corrections, fined a maximum of between 500 Yuan and 200 Yuan, nocturnal emission noise, heavy punishment:

    (A) meetings, parties, entertainment, fitness, activities such as memorials, animal noise;

    (B) in noise-sensitive areas where buildings are concentrated on the use of motor vehicles and carts, pulleys and other equipment noise emission;

    (C) from 12 to 14 and 22 to 8 o'clock the next day in a noise-sensitive buildings set for interior noise, such as activities in the area;

    (D) noise-sensitive structures concentrated area using loudspeakers or other audio equipment noise;

    (V) in commercial business activities using loudspeakers or other audio equipment to attract customers;

    (Vi) unauthorized sporadic intense noise.

    42nd article violates these rules, any of the following acts, by the maritime administrative agency, the fisheries authorities in accordance with the Division of responsibilities given a warning or fined a maximum of between 10000 and 2000 Yuan Yuan:

    (A) is not required to use the sound device of ships;

    (B) the ship sirens and section of the job or during the prohibited period;

    (C) environmental noise pollution caused by ship operations.

    43rd article violates other provisions of these measures, by the relevant authorities in accordance with their duties according to law. Article 44th of environmental noise pollution unit or individual has the right to demand the polluter to eliminate it.

    Losses, the offender compensation according to law. Due to damages caused by environmental pollution disputes, the parties can request, by the environmental protection department or other exercise of supervision and management departments in accordance with the Division of labour mediation; mediation fails, the parties may initiate litigation to the people's Court.

    Parties may also directly bring a lawsuit.

    45th State organs and their staff staff appointed by the State organs, enterprises and institutions violating these rules, do not perform their statutory duties, dereliction of duty, abuse of authority or engages in, by appointment and removal or the supervisory organs shall be ordered to correct serious, disciplined in accordance with relevant regulations; suspect, transferred to judicial organs for handling.

    The fifth chapter supplementary articles

    46th herein, the following terms mean:

    (A) "environmental noise" refers to industrial production, construction, transport and social life caused by the surrounding living environment sound;

    (B) "environmental noise" refers to the emergence of environmental noise in excess of the prescribed noise emission standard, and disturbing others ' normal lives, work and studies of the phenomenon;

    (C) "traffic" means the railways (except for the railway line), highway, primary road, secondary road, urban expressways, urban trunk roads and urban roads, urban rail transit line (ground segment), inland waterways;

    (D) "noise-sensitive buildings" refers to hospitals, schools, institutions, research institutions and residential buildings needs to keep quiet;

    (E) "noise-sensitive structures concentrated area" refers to the medical, cultural, educational and scientific research areas and mainly of Office or residential areas;

    (F) "facilities" refers to the 75th in the Chongqing Municipal facilities management Ordinance provided for urban road bridges and culverts, urban facilities, urban public parking lots, and temporary parking, urban drainage, urban lighting and other public facilities;

    (VII) "night" refers to the period between 22 o'clock to 6 o'clock the;

    (H) "noise" refers to the noise generated by disturbing others ' normal lives, work and study of the phenomenon. 47th these measures shall come into force on May 1, 2013. Published on February 1, 2002, the measures for the prevention and control of environmental noise pollution in Chongqing (Chongqing Municipal People's Government, the 126th) repealed simultaneously.