Prevention And Control Of Environmental Noise Pollution In Zhengzhou City Approach

Original Language Title: 郑州市环境噪声污染防治办法

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(September 5, 2006, Zhengzhou city people's Government consideration at the 61st Executive meeting on October 11, 2006, Zhengzhou municipal people's Government, the 154th promulgated as of December 1, 2006) Chapter I General provisions article 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 and other relevant laws and regulations, combined with the city's actual, these measures are formulated.
    Article II the measures shall apply to the prevention and control of environmental noise pollution within the administrative area of the city.
    Article III shall follow the integrated pollution prevention and control of environmental noise planning comprehensive treatment, prevention, and the principle of polluter responsibility.
    City, County (city, district) people's Governments in the formulation of urban and rural construction planning, should fully take into account the industrial production and commercial construction projects, such as the impact of noise on surrounding life environment, arranging the Ribbon construction and layout, to prevent and mitigate environmental noise pollution.
    Fourth of municipal and County (city, district) Administrative Department of environmental protection on the prevention and control of environmental noise pollution in the region implementing unified supervision and management.
    Implementation of comprehensive urban management enforcement in the region in accordance with law, administrative law-enforcement departments in the city administration within their areas of responsibility, is responsible for investigating violations of construction noise and noise pollution prevention and control regulations of social life.
    Public security organs traffic management, road and rail transport sectors in accordance with their respective responsibilities, is responsible for the vehicle (ship), railway locomotives and other vehicles produced supervise the prevention and control of traffic noise pollution.
    Development and reform, urban planning, construction, municipal administration, public security, industry and commerce administration, culture, health, quality and technical supervision and other departments concerned shall, within the scope of their respective duties, jointly to fight noise pollution supervision and management work.
    Fifth Community residents, owners ' committees and mass organizations of self-government should be strengthened within the area of environmental management and coordination of neighborhood noise dispute to assist Governments at all levels and relevant departments to fight noise pollution supervision and administration.
    Chapter II supervision and management of prevention and control of environmental noise pollution article sixth city, County (City), shangjie district environmental protection Administrative Department shall, in conjunction with city planning administrative departments, according to the national environmental quality standards, scientific application of acoustic environmental quality standards within their respective administrative areas, reported to people's Governments at the same level for approval organization.
    Regional changes or changes in the scope of the Ribbon shall, in accordance with the procedure provided for in the preceding paragraph to redraw the applicable areas of the environmental quality standards and timely publication.
    Article seventh urban planning administrative departments in determining when a construction project planning and site selection should be based on sound environmental quality standards applicable regional and civil architecture design specifications of sound insulation requirements, divide possible noise pollution noise-sensitive buildings and enterprises, institutions and municipal infrastructure noise protection distance, and propose appropriate planning and design requirements.
    Department of urban planning Administration approval could project sites around the unit and causing noise pollution to the residents of building projects, shall, in accordance with the relevant provisions of hearing or other appropriate form of seeking the views of local units and residents around.
    Article eighth building, rebuilding, expansion possible environmental noise pollution in construction projects, the construction unit shall, in accordance with national provisions on environmental protection of construction projects management preparation of the environmental impact assessment document and approved by the Administrative Department of environmental protection.
    Need to obtain business licenses for industrial production and processing, maintenance, catering, recreation, bathing, health care can contribute to the noise pollution, such as construction projects, shall, before for business license and approval of environmental impact assessment document.
    Nineth possible noise pollution processing, maintenance, catering, entertainment, bath, gym construction project and the construction project environmental impact report shall be compiled, in front of the environmental impact assessment documents submitted for approval, the construction unit shall seek the views of local units and residents around.
    Administrative Department of environmental protection approved environmental impact assessment documents, may, in accordance with the relevant provisions to hold hearings or other appropriate form of seeking the views of local units and residents around. Tenth of noise pollution unit or individual shall, in accordance with the relevant provisions to the municipal or County (City), shangjie district declared by the Administrative Department of environmental protection noise pollution equipment types, quantity, matters such as noise, pollution prevention and control measures.
    Declare the need for substantial change, 15th in advance to the competent administrative Department for environmental protection should be the change, and to take effective preventive measures. Noise emissions exceed the national standards for environmental noise emission unit or individual shall pay a fee for excessive discharge in accordance with the relevant regulations.
    Excessive discharge fee collection, management and use, in accordance with the relevant provisions.
    11th article in accordance with the requirements of the environmental impact assessment documents should install noise pollution control facilities and noise emissions of key pollution sources online automatic monitoring equipment of construction projects, installations should be undertaken simultaneously with the principal part of the project designed, built and put into operation simultaneously. Have a noise pollution unit or individual, must ensure that the prevention and control of environmental noise pollution facilities and online automatic monitoring device for normal operation. Absolutely necessary to dismantle or idle, 15th in advance to the Administrative Department in charge of environmental protection shall be applied for approval before they can be removed or idle.
    Due to demolition or unused facilities for prevention and control of environmental noise pollution causes noise pollution, shall not be approved by the Administrative Department of environmental protection.
    12th in the urban built-up area is really necessary to conduct sporadic intense noise such as blasting, must be declared to the local public security organ emissions reasons, time, place, scope of influence, can cause hazard, source and prevention and control measures. Public security organs shall, after receiving the Declaration in the 10th to make decision on whether to approve emissions.
    Approved emission shall be announced to the public, and at the same time inform the competent administrative Department of environmental protection; not approved emissions, shall state the reasons in writing.
    13th environmental protection Administrative Department and other relevant departments shall, within their respective mandates, to strengthen supervision and inspection of the prevention and control of environmental noise pollution.
    Environmental protection Administrative Department for environmental noise pollution and other competent authorities should set up telephone hotlines, and announced to the public.
    Third chapter industrial noise pollution control 14th article engaged in industrial production and the in city built district range within engaged in metal, and non-metallic, and food, processing of, should on equipment for reasonable layout, improved production process, and take sucking sound, and muffler, and across sound, and across vibration and damping reduction vibration, governance measures, makes environment noise emissions meet national industrial enterprise factory territories noise standard of provides.
    On noise emissions exceed the standards of industrial production and processing projects, by the city and County (city, district) people's Government or the competent administrative Department of environmental protection in accordance with the limits of authority, ordered removal or treatment.
    15th article in following noise sensitive buildings concentrated regional within shall not construction, and using produced noise pollution of industrial facilities: (a) residential and other population intensive residential; (ii) hospital, and nursing home, and school, and library, and kindergarten, and old apartments, and organ, and research units where of regional; (three) landscape places district, and nature reserve; (four) City Government determine of other focus protection regional. 16th noise industries products, producers shall truthfully stated in the product specifications of product noise emission intensity.
    Exceeded noise limits, not production and sales.
    Fourth chapter of construction noise pollution prevention article 17th of construction noise emissions into the environment, construction construction site noise reduction measures should be taken to ensure noise emissions conform to the State of the construction site noise limits. 18th in urban built-up areas in the building construction operations, subject to special geological conditions limit, excessive noise emission of the equipment shall not be used.
    Used to do, may not work at night. 19th in the urban built-up area, apart from the repair, rescue operations, and shall not be undertaken at night and noise pollution, disturbing residents living around construction job. By construction needs and other reasons which required continuous construction, advance on 7th authorities proof of required continuous construction applied to the Administrative Department of environmental protection. Administrative Department of environmental protection should be carried out in the 3rd review, approval and construction.
    Approval of construction shall not exceed 72 hours in a row.
    Approval of the Administrative Department of environmental protection construction jobs at night, shall inform the works synchronization of construction noise pollution investigation authorities at their place.
    20th night approved building construction, construction units concerned should advance units and residents around the 3rd announcement.
    Notice should include: the construction of continuous duration, construction, site supervisor and contact, complaints channels.
    21st in the audition test, college entrance examination period, want to ban or restrict noise pollution in construction jobs, the municipal or County (City), shangjie district, the Administrative Department of environmental protection, in conjunction with relevant departments, and announced to the public.
    Fifth chapter of traffic noise pollution 22nd new construction, renovation or expansion through the noise-sensitive structures concentrated areas of road, rail, light rail, or on the sides of roads, railways, light rail construction noise-sensitive structures, the construction unit shall, in accordance with certain distance intervals set by the State and take measures such as setting noise barrier to control noise pollution.
    Article 23rd of noise generated by motor vehicles, motor vehicle noise limits shall conform to national requirements.
    In-use motor vehicles noise emissions exceed the noise limit values, are not allowed to drive, the public security organ shall not handle inspection procedures; newly acquired or moved into the city from the field of motor vehicles noise emissions exceed the noise limit of, the public security organs not be issued license plates. 24th motor vehicle repair business maintenance of motor vehicle noise emissions should be included in the scope of overhauls.
    Overhaul after inspection of motor vehicles noise emissions in excess of the prescribed noise limit values may not be delivered. Article 25th of motor vehicles driving in the urban built-up area, mufflers and horns should be installed in accordance with national requirements, and maintain good performance. Prohibiting the use of treble, a strange sound Horn.

    Police cars, fire engines, ambulances and engineering emergency vehicles and special vehicles with sirens, must comply with the provisions of the public security organ; in non-emergency tasks, alarms shall not be used.
    Article 26th motor vehicle driver shall not be any of the following acts: (a) in the Ming ban zone, blew his horn section; (b) in a regional, non-banned-Ming Road ringing Horn; (c) with a honking call and (iv) roads and other public places in the city to debug the Horn.
    27th tractors, agricultural vehicles, wheeled mechanical vehicles into the city, should be in accordance with the provisions of the public security organs and the route.
    28th the train traveling within the city limits, prohibit the use of sirens.
    Prohibition of all types of aircraft in low altitude commercial flights over the built up area of the city.
    Sixth society noise pollution prevention article 29th entertainment business activities and business activities used in air conditioners, cooling towers, exhaust fans, blowers, generators and other equipment and facilities that produce environmental noise pollution, operators and managers should take steps to make noise at the boundary line with national environmental noise emission standards.
    30th is forbidden in the residential and other population centers in the region to offer metals plus, wood and stone processing and other environmental noise pollution in all kinds of places.
    31st article in city built district within, ban following behavior: (a) commercial business in the using loudspeakers or through other high noise of way attract customer; (ii) without approved using car loudspeakers tour play; (three) entertainment, and fitness, and commercial publicity, and large social activities Shi, using audio equipment volume had big, interference others normal rest, and life of; (four) other interference others normal rest, and life of behavior.
    Article 32nd households used audio equipment, all types of musical instruments or other indoor recreational activities, control volume, interfere with neighbors.
    Household installation, use air conditioning, noise emissions must not disturb the neighbors.
    Animal keepers should take effective measures to prevent animal noises disturbing others ' normal rest, lives.
    Interior decoration job the 33rd, control measures should be taken, mitigating the impact on nearby residents.
    Prohibited at night and midday use of electric drills, electric saws, Planer, drill and other tools of environmental noise pollution. Seventh chapter legal responsibility 34th article violation this approach provides, has following behavior one of of, by city, and County (city, and district) environmental protection administrative competent sector in accordance with management permission ordered corrected, and by following provides be punishment: (a) violation this approach tenth article first paragraph provides, refused to declared or lied about, and concealed provides of environment noise emissions declared matters of, sentenced 3000 Yuan above 10000 Yuan following fine; (ii) violation this approach 11th article second paragraph provides, without environmental protection administrative competent sector approved,
    Unauthorized dismantling, noise pollution prevention of idle facilities and on-line automatic monitoring equipment, fined a maximum of 10000 Yuan more than 30000; (c) in violation of these regulations article 14th, after a prescribed period of noise emissions still exceeded standards set by the State, in addition to levying more than twice times 5 times times the fee for excessive discharge and can be fined a maximum of 10000 Yuan more than 50000 Yuan.
    35th article violation this approach provides, has following behavior one of of, ordered corrected, and can by following provides sentenced fine: (a) without approved emissions incidental sex strongly noise of, sentenced 500 Yuan above 2000 Yuan following fine; (ii) building construction noise emissions over national provides standard of, sentenced 3000 Yuan above 20000 Yuan following fine; (three) without approved in night for produced noise pollution of building construction job of, sentenced 1000 Yuan above 3000 Yuan following fine; (Four) culture entertainment business activities produced of noise or commercial business activities in the using of equipment, and facilities produced of noise over national provides standard of, sentenced 5000 Yuan above 20000 Yuan following fine; (five) has this approach 31st article provides of behavior one of of, on units sentenced 2000 Yuan above 10000 Yuan following fine, on personal sentenced 200 Yuan above 1000 Yuan following fine; (six) indoor decoration job effect around residents life, refused to corrected of,
    A fine of 200 Yuan and 500 Yuan fine.
    Administrative penalties stipulated in the preceding paragraph, in the implementation of comprehensive urban management enforcement in the region in accordance with law, by administrative law-enforcement departments of the city; in other regions, by the public security organ or Administrative Department of environmental protection in accordance with the administrative authority to implement.
    Article 36th acts in violation of these rules, which contravenes the provisions of other laws or regulations, the relevant departments in accordance with the provisions of other laws and regulations.
    37th article of environmental noise pollution caused by units and individuals shall bear civil liabilities according to law. Endangered by environmental noise pollution unit or individual has the right to require the perpetrator to eliminate; losses caused, compensation according to law. Liability and compensation disputes, according to the request of the parties, by the environmental protection administration departments or other prevention and control of environmental noise pollution supervision and Management Department, agency mediation; mediation fails, the parties may bring a lawsuit.
    The party may also directly bring a lawsuit. 38th article city, and County (city, and district) environmental protection administrative competent sector and other supervision management sector of staff in environment noise pollution control management work in the, has following behavior one of of, by its where units or about sector law give administrative sanctions; constitute crime of, law held criminal: (a) not by provides of conditions and program approval environment effect evaluation file of; (ii) violation provides approved night building construction of; (three) illegal issued license and other license documents of; (four) on reported, and
    Environmental violations complaint is not investigated or ineffective; (e) other acts of abuse of power, negligence, malpractice. Eighth chapter schedule 39th article this approach in the following terms of meaning is: (a) "incidental sex strongly noise" is refers to accidentally emissions of, and peak above where regional sound environment quality standard 15 DB above of noise; (ii) "noise sensitive buildings concentrated regional" is refers to hospital, and school, and organ, and research units, and residential, need keep quiet of buildings concentrated regional; (three) "building construction" is refers to housing building engineering, and municipal engineering, and garden green engineering, and
    City building demolition and construction of various types of piping engineering; (d) "night" means GMT 22 o'clock to 6 o'clock the next day.
                                                                                            40th these measures shall come into force on December 1, 2006.