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Tianjin Administrative Measures For The Prevention And Control Of Environmental Noise Pollution

Original Language Title: 天津市环境噪声污染防治管理办法

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(Prelease No. 6 of the Decree No. 6 of 15 August 2003) adopted at the 4th ordinary meeting of the People's Government of the city of Zenin on 29 July 2003

Article 1, in order to combat environmental noise pollution, protect and improve the living environment, guarantee human health, promote economic and social development, and develop this approach in line with the People's Republic of China Act on Environmental Exposure Pollution.
Article 2, this approach applies to the prevention of environmental noise pollution within the city's administration.
Article 3 regulates the prevention and control of environmental noise in areas under the jurisdiction.
In accordance with the relevant laws, regulations and regulations, all levels of public security, transport, railway, civil aviation administration and maritime administration, fishing authorities are governed by surveillance management of environmental noise pollution prevention and control, according to the following division of labour:
(i) Public safety transport management at all levels is responsible for monitoring the management of road traffic noise and the noise from motor vehicles;
(ii) The management of public safety at all levels is responsible for monitoring the management of the slack of contamination of social life;
(iii) Management at all levels of railways responsible for monitoring the control of noise contamination resulting from the operation of railway vehicles and buses;
(iv) The maritime administration sector, the fishing authorities' monitoring component, is responsible for overseeing the management of noise pollution from ships;
(v) Civil aviation management is responsible for monitoring the control of the noise contamination caused by the aircraft.
In determining the construction of the Budddd Authority, the planning sector should apply to regional classification programmes and to the norms of the local environmental noise standards of the city, which are approved by the National Urban Regional Environment (GB3096-93) and the Government of the city, to the extent that the buildings are properly delineated and protected from roads, such as roads, railways, airports, land iron (parts), high urban bridges and light pathways, and to the appropriate planning requirements.
Article 5 builds new, expanded and renovated construction projects to the noise of environmental emissions, and must comply with the provisions of the State and the city relating to the construction of project environmental protection management.
Article 6. Units and individual businessmen that generate environmental noise must be subject to the procedures for the registration of slander declarations in accordance with the area to which they are located, and the district environmental protection administrative authorities.
Significant changes in the types, quantity and noise intensity of noise sources should be made in advance of 15 days of the registration process; significant changes in precipitation must be processed within three days of the date of change.
Article 7. Emission noise exceeds the country-mandated environmental noise emissions criteria and measures should be taken to govern and pay supra-standard sequestration payments in accordance with national provisions.
Article 8. Units and individual businessmen who have caused severe environmental noise contamination in the area of noise-sensitive buildings should be held accountable for their time-bound governance, which is determined by the municipalities or regions, and by the people of the counties, in accordance with the competence set by the State. Among them, the mini-business unit and individual businessmen's time-bound governance decisions may be taken by the municipal or district environmental protection administrative authorities.
Units and individual businessmen who are responsible for transitional governance must be completed by time and should report on progress in governance to the local environmental protection administrative authorities on a regular basis.
The noise of emissions has caused contamination of the surrounding living environment, as well as the lack of effective governance measures, as well as individual businesses, by the executive authorities of the environmental protection, which are authorized by the same-level people's Government, to transfer or relocation.
Article 9 dismantles or leaves the anti-polluting facility, and must be declared and justified in advance to the location's district, district environmental protection administrative authorities. The environmental protection administrative authorities shall be retroactive within 30 days of the date of receipt of the declaration and shall be considered as agreed.
Article 10 Emissions from industrial enterprises and individual businessmen to the surrounding environment should be in line with the State-mandated industrial enterprise plant noise standards.
Article 11 does not create, modify and expand industrial enterprises that are more than national standards in the area where the noise is sensitive. Industrial enterprises with the original noise should move or transfer.
Article 12 Industrial enterprises that generate environmental noise pollution should be reasonably equipped to use low-notied equipment, improve the process and adopt governance measures such as voices, voking, sensitization, sensitivities and resistance to national shocks, mitigate environmental noise pollution and meet emission standards in industrial enterprises.
Article 13, which is in place in this city, requires that emissions are sometimes slackened and must be submitted in advance to local public security authorities and that the latter are authorized.
The local public security authorities should inform the society before the emergence of an occasional strong noise.
Article 14. The construction unit's noise to the living environment surroundings should be in line with the State's set-up construction floor.
Article 15 prohibits the use of artificial creativity, gas creativity, cigarette, liaison, etc. in construction in the area where the noise-sensitive buildings are concentrated.
Article 16 Environmental protection administrative authorities may prohibit construction operations or other activities that generate environmental noise during the graduation and upgrading of secondary students.
Article 17, in the area where the noise-sensitive buildings are concentrated, must not operate at night, with the exception of theft, theft. It is necessary that the night construction operation be carried out and that an application must be made to the local district, district environmental protection administrative authorities on a three-day basis, subject to approval, and that the construction unit be informed by the local population.
Vehicles entering the offshore line for transport construction materials must be entered after 19 hours and left before 23 hours.
Article 18 Voices of construction in the surrounding environment exceeding the unreasonable value of the construction site, which is determined by technical conditions that cannot be contaminated through governance, must take effective measures to minimize the pollution of the noise and to consult with the resident organizations and relevant units subject to its noise, under the supervision of the construction site area, the district environmental protection administrative authorities, with the consent of the owner.
Article 19 builds mobile vehicles in this city, and should be equipped with dissatisfactions and speakers in accordance with the provisions of the State and the city and maintain their integrity.
The installation of special vehicles, the use of alerts must be in line with the public security sector's provisions that they cannot be used as a warning tool in non-implementation of emergency missions or in local paragraphs and time of the use of the alarm.
Mobile vehicles should be installed to prevent robbers in line with environmental noise standards.
Article 20 prohibits the releasing of motor vehicles in areas within the shoreline (including the shoreline) and inward areas, Hannuri, the port area.
Article 21 provides that all types of aircraft carry out over-flight training flights or commercial flight activities over the area in which they are built shall be carried out in accordance with the relevant provisions.
The railway vehicle has entered the area of construction in the city and should prohibit or restrict the arsenal in accordance with the relevant provisions of the State and the city.
The various types of mobile vessels, including mattress boats, must be used in accordance with the provisions of the sensitization system when they are constructed in the area.
Article 22 uses radio broadcasters in the direction of the vehicle stations, railway stations, ports, terminals, airports, etc., and should reduce the impact of noise on the surrounding life environment.
The thirteen new roads, high urban and light pathways, railways and tunnels (parts) have already been characterized by noise-sensitive buildings and should be separated from the State's provisions.
There may be a risk of environmental noise contamination, and construction units should put in place barriers or take measures to control environmental noise pollution, such as the installation of Voice windows for sensitive buildings on both sides.
Article 24 prohibits the use of high-profile speakers in business operations or the use of other means of issuing high noise to the customer.
The use of air conditioners, refrigerator, etc. may result in environmental noise pollution equipment, facilities, and their operators should take measures to make their border noise beyond the national standard of environmental noise emissions.
Article 25 prohibits the use by any unit and individuals of audio-visual broadcasters and other audio-speakers in the region, as well as activities that may result in environmental noise contamination during and night.
Activities such as recreation, assembly and commercial propaganda in public places, such as the building of roads, squares, parks, should be carried out in the area of activities provided by the public security sector.
All types of operating vehicles shall not use broadcasters to solicit passengers.
Article 26 prohibits the use of audio-visual facilities at mid- and night hours, all types of happiness in family rooms.
Article 27 prohibits the operation of noise-toragers in the home building between mid and night. In other cases, noise control measures should be taken to mitigate and avoid environmental noise contamination of the population around.
Article twenty-eighth operators of catering services, cultural recreation and industrialization must take effective measures to make their border voices less than those of the State and should control the night operation time.
The construction, expansion and alteration of all types of operating places that cause environmental noise contamination are prohibited in the residential building.
Article 29, in violation of article 6 of the present approach, rejects the publication, directs the release declaration of environmental noise or does not deal with a change registration process, which is subject to a warning or fine of more than 1,000 ktonnes by district, district environmental protection administrative authorities.
Article 31, in violation of article 7 of this approach, provides that the executive authorities of environmental protection are punished by the relevant provisions of the State.
Article 31, paragraph 3, of the present approach stipulates that a period of time has not been completed until the deadline for governance is completed and, in addition to the payment of a supra-standard humiliation under the State's provisions, may impose a fine of more than 10,000 dollars on the basis of the consequences of the damage, or be responsible for its suspension, relocation and closure.
The penalties set out in the preceding paragraph are determined by the executive authorities of the environmental protection, and the suspension, relocation and closure are determined by the same-ranking people.
Article 32, in violation of article 9 of this approach, provides for the unauthorized dismantlement or sequestration of environmental noise control facilities, resulting in environmental noise emissions exceeding the prescribed standards, being converted by environmental protection administrative authorities and fined by over 5,000 yen.
Article 13 of the present approach stipulates that, without the approval of the local public security authorities, there is occasional strong noise activity, which is being warned by the public security authorities and responsible for the period of time being changed; and that there is no change over a period of up to 3,000 dollars.
Article 34, in violation of article 15 of the present approach, provides for the introduction of artificial matures, gas suffrage, blends, liaison creativity, etc. in the construction of the area where the noise-sensitive buildings are concentrated, and may be fined by over 1,000 yen.
In violation of article 17, paragraph 1, of the present approach, the construction operation that has been carried out at night in the area where the noise-sensitive buildings are concentrated in the area of attentiveness has been modified by the executive authority of environmental protection, with a fine of over 1000 dollars.
In violation of article 17, paragraph 2, of this approach, vehicles transporting construction materials are not allowed to take place at specified time, to be located within the shoreline of the city, with a fine of up to $50 million for public safety transport management.
In violation of article 19, paragraph 1, of this approach, the installation of audio and clergy that is not in line with the provisions of the State and the city shall be punished by the public security transport authorities in accordance with the relevant provisions.
Article 338, in violation of article 20 of this approach, provides that mobile vehicles are donated by the public security transport authorities in accordance with the relevant provisions by means of a road in the area of shoreline (including trajectory trajectorys) and by subsidiaries.
Article 39, in violation of article 21, paragraph 1, and paragraph 2, of this approach, provides that all types of aircraft are not subject to the provision of a fine of more than 1,000 dollars for the purpose of carrying out over the area of construction or commercial flight activities, rail vehicle loading or entering the area of the city.
Article 40, in violation of article 24, paragraph 2, of this scheme, provides that air conditioners, refrigerants are used in business activities and that their borders over the country's prescribed environmental noise emissions standards are converted by the executive authority of environmental protection and are liable to fines of up to 3,000 dollars.
Article 40 violates article 24, paragraph 1, 25, 26, and article 27 of this approach, which causes the contamination of social life noise, which is subject to the responsibility of public security authorities to put an end to the offence, and imposes a fine of 1000 dollars on the refusal.
Article 42, paragraph 1, of this approach stipulates that the borders of the catering services, cultural recreation, and the renovation of the industrial establishment are more than the State's stated emission criteria, which are converted by the executive authority of environmental protection, and may be fined by more than 50,000 dollars.
In violation of article 28, paragraph 2, of this approach, penalties are imposed in accordance with the relevant provisions of construction project environmental protection management.
Article 43 XIII does not determine administrative penalties and may apply to administrative review or to the People's Court by law. Failure to apply for administrative review and to initiate administrative proceedings with the People's Court and not to carry out administrative sanctions decisions, which are subject to the imposition of sanctions decisions by the organs in which the people's courts are enforced.
Article 44, in violation of this approach, causes environmental noise pollution and damage, which is severe, is administratively disposed of by the unit of the institution or by the competent authority at the parent level; constitutes a crime and is criminally criminalized by law.
Article 42 creates units and individuals that cause harm to environmental noise and have the responsibility to remove harm and to compensate for loss of damage to units or individuals.
Disputes relating to liability and compensation may be dealt with by conciliation by the executive authorities of the environmental protection or other sectors with supervisory authority, at the request of the parties; mediation is inconclusive and the parties can sue the People's Court. The parties may also sue directly to the People's Court.
Article 46 protects the abuse of authority by environmental protection supervisors, provocative fraud, negligence and administrative disposition by their units or their superior authorities; constitutes criminal liability under the law.
The meaning of the following terms of this approach is:
(i) The “no noise-sensitive building concentration area” means the health sector, the scientific research area and the areas of agency or residence.
(ii) “Beil” means between 12 and 14 hours.
(iii) “night” means between 22 and 6 p.m.
Article 48 is implemented effective 1 October 2003. The Modalities for the Control of Environmental Excellence (No. 55) issued by the Government of the city on 9 January 1996 were repealed.