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Beijing Municipal Environmental Noise Pollution Prevention Approaches

Original Language Title: 北京市环境噪声污染防治办法

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(Health Session of the Government of Beijing, 17 November 2006 to consider the adoption of Decree No. 181 of 27 November 2006 of the Beijing People's Government Order No. 181 of 1 January 2007)

Chapter I General
Article 1 establishes this approach in conjunction with the realities of the present city, in order to combat environmental noise pollution, protect and improve the living environment.
Article 2, this approach applies to the prevention of environmental noise pollution within the city's administration.
Article 3 states and territories are responsible for the quality of the environment within the present administration.
The executive authorities of municipalities and districts and districts for the protection of the environment implement integrated monitoring management of environmental noise pollution within the present administration.
The public security sector is responsible for monitoring the social life noise and the slack of motor vehicles.
Road administrative authorities are responsible for monitoring the management of road, urban orbital traffic noise pollution.
Quality-technical supervision is exercised by the executive authorities with respect to the overriding values set out in industrial products, equipment standards.
The railways, civil aviation administration authorities are governed by their respective responsibilities for firefighting, civil aviation noise pollution control.
Sectors such as planning, construction, business and culture are governed by their respective responsibilities in the area of environmentally sound pollution control.
Article IV. The Commission of the Residents, the Village National Commission shall assist the Government and the relevant authorities in the monitoring of the slack of contamination in the area of residence and in mediation of disputes arising from the noise.
Any unit and individual have the obligation to protect the environment from unnecessarily contaminated and have the right to lodge complaints, reports on units and individuals that produce environmental noise contamination.
Chapter II Oversight management of environmental noise pollution control
Article 6 Regions, zones and communal governments should delineate the region of application of the various environmental quality standards in the present administration, in accordance with urban planning and environmental quality standards, as well as provide social announcements, while reporting to the municipal authorities for environmental protection.
The area applicable to air conditioning environmental standards in the vicinity of the airport is determined by the municipal environmental protection administrative authorities in conjunction with the relevant municipal administration authorities and the relevant districts, the people of the district, and reported to be implemented after the approval of the Government.
Article 7. Planning the administrative authorities, in determining the construction of the Buddd Authority, should be based on national and local market Voice environmental quality standards and the design of separate civilian buildings, to properly delineate the distance between buildings and the transport line and to make appropriate planning design requirements.
Article 8, construction, alteration, expansion of construction projects that may result in noise pollution, should be consistent with national provisions relating to the management of environmental protection in construction projects and seek the views of the regional residents and units of the region prior to the application for environmental impact evaluation.
Article 9. The quality of the new construction of civilian buildings in the external environment and the relative quality of water, heating, ladder, ventilation, etc., should be in line with the relevant standards of the State and the city.
The planning of administrative authorities should enhance the monitoring of the implementation of mandatory standards for the quality of the design of the building blocks; and the construction of administrative authorities should enhance the monitoring of the implementation of mandatory standards for the quality of construction.
Article 10 imposes a limited-term governance on enterprise units that are concentrated in the region with severe environmental noise. The units of limited governance should be completed by time.
The limited governance of small enterprise units is determined by district, district environmental protection administrative authorities. During the period of time-bound governance, units of limited governance could be held accountable for the discontinuation of the use of equipment, facilities or limitations on equipment, facilities and facilities.
Article 11 Nothing in the residential building of the population shall be created in the catering and recreational places that may cause noise contamination.
In the sale of new residential homes, real estate development businesses should express the dispersion of buildings sold and the prevailing environment.
Article 12 Environmental protection administrative authorities have the authority to conduct environmental noise control and on-site inspection of emission environment noise units. In the field inspection, equipment, facilities have been found to cause severe noise contamination, which can be stopped using the equipment, facilities or limitations on the operation of the facility. The inspectorate shall cease or use the equipment, facilities at specified time.
The inspected units should reflect the situation of environmental noise pollution control and provide the necessary environmental noise control information.
Article 13 Environmental protection administrative authorities should produce effective law enforcement documents and conservative technical secrets and commercial secrets for the inspector.
Article 14. The executive authorities of environmental protection and other sectors with the control of noise should be made available to the community to receive anti-polluting complaints, the names of the reported institutions and their means of communication.
Chapter III
Article 15. The construction operation has slackened the environment surroundings, and the construction units should take effective noise control measures to bring the noise of emissions into line with the State-mandated road environmental noise emission standards. The costs required for the adoption of the noise-based control measures are included in the construction price.
Article 16 The construction unit should develop a management system for the control of the construction of ground noise pollution and make a notice that would result in a noise of equipment, facilities away from the area of residence.
Article 17, in the mid-auction, high-auction period and in other special hours as provided by the Government of the city, prohibits, in addition to theft, the concentration of unrevoked construction operations in the area where the noise-sensitive buildings are concentrated.
Article 18 Voice-sensitive buildings are concentrated in the region to prohibit construction operations that produce noise contamination at night. However, the priorities of the State and the city, theft of dangerous operations and the requirement for production processes and other special needs must be carried out in a continuing manner.
The State and the city's priorities, the requirement for production processes or other special needs, have confirmed the need for construction operations at night, and the approval of the approval of the construction of the night construction by the administrative authorities in the construction of the engineering location.
Article 19 conducts night construction operations and shall be communicated to the surrounding population. The announcements include the name of the construction project, the name of the construction unit, the approval of night construction, the time of the night construction, the night construction content, the head of the work site and its contact, and the supervision of telephones.
Chapter IV
Article 20 provides new, modified, expanded highways, rapid roads, main roads, urban highways, railways and urban orbits, and with the existence of noise-sensitive buildings concentrated in the region, an anti-polluting measure should be taken. The costs required for the adoption of the noise-based control measures are included in the construction price.
Article 21 builds the noise-sensitive buildings on the road, rail, urban orbits, and the construction units should take the necessary anti-polluting measures. The quality of the environment in the Voice Buildings is consistent with national standards.
Article 2
The use of mobile vehicles dissidents and other equipment to combat noise contamination should be normal, prohibiting diversion, removal or sequestration.
In addition to the special vehicles, the installation of ultra vires equipment is prohibited. Special vehicles are equipped with extra-constitutional audio and should be used in accordance with the provisions.
Article 23 provides that the public security sector may explicitly restrict the passage and prohibition of the time when it is required to delineate the passage of vehicles at night in the vicinity of the residential area.
Article 24 sets up mobile car parks, waiting stations, which should be given reasonable choice or other effective measures to mitigate the impact of the noise generated by the vehicle on the surrounding living environment.
Article 25 railway vehicles should be restricted in accordance with the relevant provisions of the State and the city when they are constructed in the area.
In developing airport flight procedures, the relevant sectors should consider the impact of noise, avoiding the unwarranted concentration of buildings.
When civil aviation takes off, landing or low-air flights, the required flight procedures should be observed.
Article 27 applies to the construction of buildings in the region in the context of air noise environmental standards and should be implemented in accordance with the applicable regional provisions.
Chapter V
Article 28 prohibits the use by any unit and individual of audio-visual equipment that interfere with others in the area of noise-sensitive buildings. However, the following persons are allowed to use within a certain period of time and to control audio:
(i) Large social activities authorized by law;
(ii) Schools, work ethics;
(iii) Emergencys such as disaster relief.
Commercial business activities are prohibited from using sound equipment outside the room or by using other means of making noise to the customer, disrupting the surrounding living environment.
Article 29 organizes recreational, assembly, etc. in public places such as streets, squares, parks, and uses home-based electrical, steer and other audio-visual devices, and should control audio and avoid interference in the surrounding environment.
Article 33 Operators of processing, maintenance, catering, recreation, hygienic, supra-market and other commercial services should take effective measures to prevent unwarranted interference in the living environment surrounding productive activities.
Article 31 uses air conditioners and refrigerant equipment and facilities that may lead to environmental noise contamination in business operations, and their operators should take effective measures to bring their border noise into line with national standards of environmental noise emissions.
Article 32
Mobile vehicles in this city shall not be installed using mobile vehicles that are not in compliance with the standards.
Urban quality technical supervision of the administrative authorities for the detection of non-standard mobile vehicle fire protection agents should be made public to society.
Article 33 does not give rise to noise when there is no noise in the area where the noise is concentrated or the construction or removal of motor vehicle alerts or the search for vehicles.
After the motor vehicle fire defence of robbers, the users should deal in a timely manner and avoid prolonged disruption of the surrounding life environment.
Article 34 uses home-based electrical devices, beatings or other recreational activities in other rooms, and shall contain audio or other effective measures to avoid interference with the surrounding living environment.
Article 33 fifteen of statutory rest days, holiday days and working days from 12 to 14 hours, from 18 to 8 p.m., prohibits the operation of a noise in the residential building of the population that has been delivered. In other cases, measures should be taken to mitigate interference with the surrounding living environment.
Measures should be taken to mitigate interference with the surrounding living environment in other buildings that have been completed.
Chapter VI Legal responsibility
Article 36, in violation of article 10, paragraph 1, of the present approach, provides that the Government of the city or district, and the people of the district, is subject to a fine of up to 30,000 dollars of the executive authority of the environmental protection, and is in serious circumstances to the suspension, relocation, closure and closure of the law.
Article 37, in violation of article 12, paragraph 1, of the present approach, provides that the inspectorate has not ceased or has not used equipment, facilities that produce severe noise contamination at specified time, with a fine of up to 30,000 dollars for the Environmental Protection Administration.
In violation of article 16 of this approach, the construction unit has not established a management system for the control of the construction of the noise on the ground and has not resulted in a noise of equipment, facilities being removed from the area of residence, which are converted by the Integrated Law Enforcement Department of Urban Management, with a fine of up to $30,000.
Article 39, in violation of article 17 of the present approach, states that in the mid-auction, high-auction period, and in other special hours as prescribed by the Government of the urban people, there are no-sensitive buildings that are concentrated in the area of construction that generates the noise, the urban management integrated law enforcement services are responsible for the cessation of the offence and fines of over 3,000 dollars.
Article 40, in violation of article 18, paragraph 2, of this scheme, provides that night construction of the night-time construction approval documents is not obtained, and that the urban administration is responsible for putting an end to the offence and pays a fine of over 3,000 dollars.
Article 40, in violation of article 19 of this approach, provides that night construction operations have not been directed to the inhabitants of the surroundings, are being rectified by the Integrated Law Enforcement Department of Urban Management and fines of over 5,000 dollars.
Article 42, in violation of article 33 of this approach, does not take effective measures by process, maintenance, catering, recreation, hygienic, supra-market and other business service operators, producing activities that result in noise interference in the living environment surrounding the life environment, and are converted by the executive authority of the environmental protection environment; refuses to change, with a fine of up to $30,000.
In violation of this approach, article 43 provides that one of the following acts is warned by the public security sector, that the warning is not rectified and that there is a fine of over 200 million dollars:
(i) Concrete the use of audio-visual material in the area of interference with the surrounding living environment in the noise-sensitive buildings;
(ii) Commercial business activities use sounds outside rooms or use other means of issuing noise to solicit customers and disrupt the surrounding living environment;
(iii) Organizing recreational and assembly activities in public places, such as streets, squares, parks, using audio-visual materials and creating noise to disrupt the surrounding living environment;
(iv) To refrain from dealing in a timely manner in accordance with article 33, paragraph 2, of the present approach, and to the long-time recuperation of mobile vehicles for the protection of robbers and to disrupt the surrounding living environment;
(v) Failure to control audio or take measures, in accordance with article 34 of this approach, to issue noise from the family room to disrupt the surrounding living environment;
(vi) No construction operation is carried out in accordance with article 33, paragraph 5, of the scheme to disrupt the surrounding environment.
In violation of this approach, the relevant laws, regulations and regulations, such as planning, construction, business, culture, transport and quality technical supervision, should be addressed in accordance with the law.
Article 42 units and individuals affected by environmental noise are entitled to require the removal of the harm; to cause loss and to claim compensation in accordance with the law.
Disputes relating to liability and compensation may be dealt with by the supervisory authorities, institutions and the People's Mediation Commission, at the request of the parties, by the executive authorities of the environmental protection or other environmental noise control efforts; mediation may be prosecuted by the parties to the People's Court. The parties may also sue directly to the People's Court.
Article 46 provides administrative authorities and their staff with environmental noise control and oversight responsibilities without compliance by law with environmental obscene control and oversight responsibilities, causing serious consequences, which are redirected by their superior administrative authorities or by the supervisory authority, and administrative disposal of the competent and other direct responsibilities directly responsible, in accordance with the law; constitutes an offence and are criminalized by law.
Chapter VII
Article 47 is implemented effective 1 January 2007. The provisional approach to the management of environmental noise in Beijing, which was published by the Government of the people of 8 March 1984 and amended by the Government of the people of Beijing on 31 December 1997.