What is Ambient Noise?

Environmental noise refers to sounds that interfere with the surrounding living environment during industrial production, building construction, transportation and social life.

Environmental noise is a regulation on the allowable range of noise in order to protect the health of people and the living environment. Principles should be formulated on the basis of protecting people's hearing, sleep and rest, and thinking about conversation. They should be advanced, scientific and realistic. The basic standard of environmental noise is

Subjective sensory

The acoustic environmental impact is a sensory nuisance, because it depends not only on the intensity of the noise, but also on the behavior state of the affected person at the time, and it is related to his physical (feeling) and psychological (feeling) factors. Different people, or the same person, react differently to the same noise under different behavioral states.

Locality and fragmentation

Local and environmental impacts

In order to prevent the harm of environmental noise pollution, our country is famous

Controlling noise sources

To reduce the noise of the sound source, the industrial and transportation industries can choose low-noise production equipment and improve the production process, or change the movement mode of the noise source (such as using damping,

Law of the People's Republic of China on Prevention and Control of Environmental Noise Pollution

Chapter I General Provisions

Article 1 This Law is formulated to prevent environmental noise pollution, protect and improve the living environment, protect human health, and promote economic and social development.

Article 2 The term "environmental noise" as used in this Law refers to sounds that disturb the surrounding living environment during industrial production, construction, transportation and social life.

The term "environmental noise pollution" as mentioned in this Law refers to the phenomenon that the environmental noise generated exceeds the environmental noise emission standards set by the state and interferes with the normal life, work and study of others.

Article 3 This Law applies to the prevention and control of environmental noise pollution in the territory of the People's Republic of China.

This Law does not apply to the prevention and control of noise hazards due to the production and management of the job.

Article 4 The State Council and local people's governments at various levels shall incorporate environmental noise pollution prevention and control work into environmental protection planning, and adopt economic and technological policies and measures conducive to environmental protection. Article 5 When formulating urban and rural construction plans, local people's governments at all levels shall fully consider the impact of noise generated by construction projects and regional development and transformation on the surrounding living environment, make overall plans, rationally arrange functional areas and construction layout, and prevent or mitigate Environmental noise pollution.

Article 6 The competent department of environmental protection administration under the State Council exercises unified supervision and management of the prevention and control of environmental noise pollution throughout the country.

The environmental protection administrative department of the local people's government at or above the county level shall implement unified supervision and management of the prevention and control of environmental noise pollution within its administrative area.

Public security, transportation, railway, civil aviation and other competent departments at all levels and port supervision agencies, in accordance with their respective responsibilities, supervise and manage traffic and social life noise pollution prevention and control.

Article 7 All units and individuals have the obligation to protect the acoustic environment and have the right to report and sue units and individuals that cause environmental noise pollution.

Article 8 The State encourages and supports scientific research and technological development in the prevention and control of environmental noise pollution, promotes advanced prevention and control technologies, and popularizes scientific knowledge in the prevention and control of environmental noise pollution.

Article 9 Units and individuals that have made outstanding achievements in the prevention and control of environmental noise pollution shall be rewarded by the people's government.

Prevention of environmental noise pollution

Article 10 The State Council s environmental protection administrative department has formulated different national acoustic environmental quality standards in different functional areas.

Local people's governments at or above the county level have designated and administered various types of acoustic environmental quality standards in their respective administrative areas in accordance with the national acoustic environmental quality standards.

Article 11 The competent department of environmental protection administration under the State Council shall formulate national environmental noise emission standards in accordance with national acoustic environmental quality standards and national economic and technical conditions.

Article 12 When determining the construction layout, the urban planning department shall reasonably determine the noise prevention distance between the building and the traffic trunk in accordance with the national sound environmental quality standards and the sound insulation design specifications of civil buildings, and propose corresponding planning and design requirements.

Article 13 New construction, reconstruction, and expansion of construction projects must comply with state regulations on environmental protection management of construction projects.

If a construction project may produce environmental noise pollution, the construction unit must submit an environmental impact report, stipulate the prevention and control measures for environmental noise pollution, and report it to the environmental protection administrative department for approval in accordance with the procedures prescribed by the state.

The environmental impact report shall have the opinions of the units and residents in the place where the construction project is located.

Article 14 The environmental noise pollution prevention and control facilities of construction projects must be designed, constructed and put into use simultaneously with the main project.

Before a construction project is put into production or use, its environmental noise pollution prevention and control facilities must be checked and accepted by the environmental protection administrative department that originally approved the environmental impact report; if it fails to meet the requirements of state regulations, the construction project may not be put into production or use.

Article 15 Enterprises and institutions that produce environmental noise pollution must maintain the normal use of facilities for the prevention and control of environmental noise pollution; if the facilities for the prevention and control of environmental noise pollution are demolished or left unused, they must report to the local people's government at or above the county level for environmental protection Approved by the competent authority.

Article 16 Units that produce environmental noise pollution shall take measures to deal with it and pay exceeding standard discharge fees in accordance with state regulations.

The super-standard sewage charges collected must be used for the prevention and control of pollution and may not be diverted to other purposes.

Article 17 Enterprises and institutions that cause severe environmental noise pollution in areas where noise-sensitive buildings are concentrated shall be treated within a time limit.

Units that have been governed within a time limit must complete their governance tasks on schedule. Time-bound governance is determined by the people's governments at or above the county level in accordance with the authority prescribed by the State Council.

For small-scale enterprises and institutions, the people's governments at or above the county level may authorize their environmental protection administrative departments to make decisions within the limits prescribed by the State Council.

Article 18 The State implements a system of elimination of backward equipment with severe environmental noise pollution. The competent department of comprehensive economic affairs under the State Council shall, in conjunction with the relevant departments of the State Council, publish a list of equipment with severe environmental noise pollution that is prohibited from production, sales, or imports for a period of time.

Producers, sellers, or importers must respectively stop production, sale, or import of equipment listed in the list specified in the preceding paragraph within the time limit prescribed by the competent economic comprehensive department of the State Council in conjunction with the relevant departments of the State Council.

Article 19 If it is really necessary to emit occasional strong noise in the production activities in the city, it must be applied to the local public security organ in advance, and it can be carried out only after approval. The local public security organ shall make an announcement to the society.

Article 20 The competent department of environmental protection administration under the State Council shall establish an environmental noise monitoring system, formulate monitoring specifications, and organize a monitoring network with relevant departments.

The environmental noise monitoring agency shall report the results of environmental noise monitoring in accordance with the regulations of the environmental protection administrative department of the State Council.

Article 21 The environmental protection administrative department of the people's government at or above the county level and other supervision and management departments and institutions for the prevention and control of environmental noise pollution shall have the right to conduct on-site inspections of units that emit environmental noise within their jurisdiction according to their respective duties. The unit under inspection must truthfully report the situation and provide necessary information. Inspection departments and agencies shall keep technical secrets and business secrets for the units being inspected.

The inspectors shall produce their certificates when conducting on-site inspections.

Prevention of industrial noise pollution

Article 22 The term "industrial noise" as used in this Law refers to sounds that interfere with the surrounding living environment when fixed equipment is used in industrial production activities.

Article 23 Whoever discharges industrial noise to the surrounding living environment within the limits of a city shall comply with the environmental noise emission standards for industrial enterprises at the factory boundary.

Article 24 Industrial enterprises that cause environmental noise pollution due to the use of fixed equipment in industrial production must declare their ownership to the environmental protection administrative department of the local people's government at or above the county level in accordance with the regulations of the environmental protection administrative department of the State Council. The type and quantity of equipment causing environmental noise pollution, the value of noise emitted under normal operating conditions, and the conditions of facilities for prevention and control of environmental noise pollution, and provide technical information on prevention and control of noise pollution.

If there is a major change in the type, quantity, noise value, or prevention and control facilities of the equipment causing environmental noise pollution, it must be reported in time and proper prevention and control measures must be taken.

Article 25 Industrial enterprises that produce environmental noise pollution shall take effective measures to reduce the impact of noise on the surrounding living environment.

Article 26 The relevant competent department of the State Council shall, in accordance with the requirements of acoustic environmental protection and the economic and technical conditions of the country, gradually stipulate the noise limit in the national and industrial standards of products formulated in accordance with the laws and regulations on industrial equipment that may cause environmental noise pollution. value.

The noise value emitted by the industrial equipment as specified in the preceding paragraph shall be noted in the relevant technical documents.

Construction noise pollution prevention

Article 27 The noise of building construction referred to in this Law refers to the sound that disturbs the surrounding living environment during the construction of the building.

Article 28 Anyone who emits construction noise to the surrounding living environment within the limits of a city's urban area shall meet the environmental noise emission standards for the construction site at the construction site.

Article 29 If the use of machinery and equipment during the construction of a building within the urban area of the city may cause environmental noise pollution, the construction unit must report to the environmental protection administrative director of the local people s government at or above the county level 15 days before the start of the project The department declares the project name, construction site and time limit of the project, the possible environmental noise value, and the environmental noise pollution prevention measures taken.

Article 30 In the concentrated area of noise-sensitive buildings in urban areas, construction work that produces environmental noise pollution at night is prohibited, except for rush repairs, emergency operations, and continuous operations due to production process requirements or special needs.

If it is necessary to operate continuously due to special needs, it must be certified by the people's government at or above the county level or its relevant competent authority.

The night operations specified in the preceding paragraph must be announced to nearby residents.

Traffic noise pollution prevention

Article 31 The term "transportation noise" as used in this Law refers to sounds produced by motor vehicles, railway locomotives, motor ships, and aircraft that interfere with the surrounding living environment during operation.

Article 32 It is forbidden to manufacture, sell or import automobiles exceeding the prescribed noise limit.

Article 33 The muffler and horn of a motor vehicle operating within the limits of an urban area must meet the requirements set by the state. Motor vehicles must strengthen repairs and maintenance, maintain good technical performance, and prevent environmental noise pollution.

Article 34 When a motor vehicle travels within the urban area, a motor ship sails in the inland waterway of the urban area, and a railway locomotive must use sound devices in accordance with regulations when passing or entering a urban area or a health area.

The installation and use of alarms for police vehicles, fire engines, engineering rescue vehicles, ambulances and other motor vehicles must comply with the regulations of the public security department of the State Council; the use of alarms is prohibited when performing non-emergency tasks.

Article 35 The public security organ of the city's people's government may, in accordance with the needs of environmental protection of the urban area of the local city, determine the sections and times of prohibiting motor vehicles and prohibiting the use of sound devices, and make public announcements.

Article 36 Construction of highways and urban elevated and light rail roads that pass through existing areas where noise-sensitive buildings are concentrated may cause environmental noise pollution, and sound barriers or other effective measures to control environmental noise pollution shall be adopted.

Article 37 Where noise-sensitive buildings are constructed on both sides of an existing urban transportation trunk line, the construction unit shall be spaced a certain distance in accordance with state regulations and take measures to mitigate and avoid the impact of traffic noise.

Article 38 Where a radio horn is used for directing operations at stations, railway marshalling stations, ports, wharfs, air ports, etc., the volume shall be controlled to reduce the impact of noise on the surrounding living environment.

Article 39 Where a railway passes through a residential area, a cultural area or a cultural area of the city and causes environmental noise pollution due to the operation of railway locomotives, the local urban people's government shall organize the railway department and other relevant departments to formulate plans to reduce environmental noise pollution. The railway department and other relevant departments shall take effective measures to reduce environmental noise pollution in accordance with the requirements of the plan.

Article 40 Except in the case of take-off, landing or in accordance with the law, civil aircraft shall not fly over the urban area of the city. The city's people's government shall delimit the area around the clearance of aircraft taking off and landing to restrict the construction of noise-sensitive buildings; if the construction of noise-sensitive buildings within this area, the construction unit shall take measures to mitigate and avoid the impact of noise generated during aircraft operation . Civil aviation departments shall take effective measures to reduce environmental noise pollution.

Prevention and control of social life noise pollution

Article 41 The noise of social life referred to in this Law refers to sounds produced by human activities that disturb the surrounding living environment in addition to industrial noise, construction noise, and transportation noise.

Article 42 In the concentrated area of noise-sensitive buildings in urban areas, commercial enterprises that cause environmental noise pollution due to the use of fixed equipment in commercial operations must report to the county level or above in accordance with the regulations of the environmental protection administrative department of the State Council. The local environmental protection administrative department of the local people's government declares the status of the equipment that causes environmental noise pollution and the facilities that prevent and control environmental noise pollution.

Article 43 The boundary noise of newly-built commercial cultural and entertainment venues must meet the environmental noise emission standards set by the state; if it does not meet the environmental noise emission standards set by the state, the cultural administration department shall not issue a cultural business license, and the industrial and commercial administration department No business license may be issued.

The managers of cultural and entertainment venues in operation must take effective measures so that the boundary noise does not exceed the environmental noise emission standards set by the state.

Article 44 It is forbidden to use high-pitched radio speakers or to adopt other high-noise methods to solicit customers in commercial operations.

When using equipment or facilities that may cause environmental noise pollution in commercial operations, such as air conditioners, cooling towers, etc., their operation managers shall take measures so that the boundary noise does not exceed the environmental noise emission standards prescribed by the state.

Article 45 Any unit or individual is prohibited from using tweeters in high-noise buildings in urban areas.

Organizing entertainment, gatherings and other activities in public places such as urban streets, squares, parks, etc. The use of audio equipment may produce excessive volume that interferes with the surrounding living environment, and must comply with the regulations of local public security organs.

Article 46 When using household appliances, musical instruments or other indoor indoor entertainment activities, they should control the volume or take other effective measures to avoid causing environmental noise pollution to surrounding residents.

Article 47 For interior decoration activities in residential buildings that have been completed and delivered for use, the operation time shall be limited and other effective measures shall be taken to reduce and avoid environmental noise pollution to surrounding residents.

Chapter VII Legal Liability

Article 48 In violation of the provisions of Article 14 of this Law, the environmental noise pollution prevention facilities that need to be built in a construction project are not completed or do not meet the requirements set by the state, and are put into production or use without authorization. The construction project shall be approved. The environmental protection administrative department of the environmental impact report ordered the suspension of production or use and may be fined concurrently.

Article 49 In case of violation of the provisions of this law, which refuses to report or misrepresents the environmental noise emission declaration items prescribed, the environmental protection administrative department of the local people's government at or above the county level may give a warning or impose a fine on different circumstances.

Article 50 In violation of the provisions of Article 15 of this Law, without the approval of the competent administrative department of environmental protection, the environmental noise pollution prevention and control facilities are dismantled or left unused, causing environmental noise emissions to exceed the prescribed standards. The administrative protection department ordered corrections and imposed fines.

Article 51 Violation of the provisions of Article 16 of this Law, failing to pay exceeding standard discharge fees in accordance with state regulations.

Article 52 In violation of the provisions of Article 17 of this Law, enterprises and institutions that have not completed their management tasks after the deadline for overdue treatment may, in addition to charging extra-standard sewage charges in accordance with state regulations, be fined according to the harmful consequences caused , Or order closure, relocation, or closure.

The fines prescribed in the preceding paragraph shall be determined by the environmental protection administrative department. Orders to suspend business, relocation, and closure shall be determined by the people's governments at or above the county level in accordance with the authority prescribed by the State Council.

Article 53 In violation of the provisions of Article 18 of this Law, the production, sale, and import of equipment that is prohibited from production, sale, or import shall be ordered to be corrected by the competent economic comprehensive department of the people's government at or above the county level; if the circumstances are serious, the county level The above-mentioned people's government's economic comprehensive competent departments have submitted their opinions and reported to the people's government at the same level to order them to suspend business and close down in accordance with the authority prescribed by the State Council.

Article 54 Anyone who, in violation of the provisions of Article 19 of this Law, conducts occasional strong noise activities without the approval of the local public security organ, the public security organ shall give a warning or impose a fine according to different circumstances.

Article 55 Units that emit environmental noise violate the provisions of Article 21 of this Law, and refuse to conduct on-site inspections by the environmental protection administrative department or other departments and agencies that exercise the right to environmental noise supervision and management in accordance with the provisions of this Law In case of fraud, the environmental protection administrative department or other supervision and management department or institution that exercises the right to supervise and manage environmental noise in accordance with the provisions of this Law may give a warning or impose a fine on different circumstances.

Article 56 If a construction unit violates the provisions of Article 30, paragraph 1, of this law, in the concentrated area of noise-sensitive buildings in urban areas, it is prohibited to carry out construction work that causes environmental noise pollution at night. The competent environmental protection administrative department of the local people's government at or above the county level shall order corrections and may impose fines concurrently.

Article 57 If a motor vehicle fails to use sound devices in accordance with the provisions of Article 34 of this Law, the local public security organ shall give a warning or impose a fine on the circumstances.

If a motor vessel commits an illegal act as mentioned in the preceding paragraph, the port authority shall give a warning or impose a fine on the basis of different circumstances.

If a railway locomotive commits an illegal act in the first paragraph, the competent railway department shall impose administrative sanctions on the persons responsible.

Article 58 Anyone who violates the provisions of this law and commits one of the following acts shall be warned by the public security organ and may be fined concurrently:

(1) Use of tweeter speakers in the concentrated area of noise sensitive buildings in urban areas;

(2) Violating the provisions of the local public security organs, organizing entertainment, gatherings, and other activities in public places such as urban streets, squares, and parks, using audio equipment, and generating excessive volume that interferes with the surrounding living environment;

(3) Failure to take measures in accordance with the provisions of Articles 46 and 47 of this Law to emit environmental noise from a family room that seriously interferes with the lives of surrounding residents.

Article 59 Anyone who violates the provisions of Article 43, Paragraph 2 and Article 44 Paragraph 2 of this Law and causes environmental noise pollution shall be ordered to make corrections by the environmental protection administrative department of the local people s government at or above the county level. And a fine.

Article 60 Anyone who violates the provisions of Article 44 (1) of this Law and causes environmental noise pollution shall be ordered to make corrections by the public security organ and may be fined concurrently.

If the people's government at or above the provincial level decides according to law that the administrative department for environmental protection of the local people's government at or above the county level exercises the power of administrative punishment specified in the preceding paragraph, such decision shall be followed.

Article 61 Units and individuals who are harmed by environmental noise pollution shall have the right to require the aggressor to eliminate the harm; if any damage is caused, compensation shall be made according to law.

Disputes on the liability and amount of compensation may be mediated by the environmental protection administrative department or other environmental noise pollution prevention and control departments and agencies at the request of the parties; if the mediation fails, the parties may sue to the people's court. The parties may also directly sue in the people's court.

Article 62 If the supervision and management personnel of environmental noise pollution prevention and management abuse their powers, neglect their duties, or engage in malpractices for personal gain, they shall be given administrative sanctions by their units or higher authorities; if they constitute a crime, they shall be investigated for criminal responsibility in accordance with law.

Chapter VIII Supplementary Provisions

Article 63 The meanings of the following terms in this Law are:

(1) "Noise emission" refers to the noise source radiating noise to the surrounding living environment.

(2) "Noise-sensitive buildings" refer to buildings that need to be kept quiet, such as hospitals, schools, institutions, scientific research units, and dwellings.

(3) "Concentrated areas of noise-sensitive buildings" refer to medical areas, cultural, educational, scientific research areas, and areas mainly composed of institutions or residential houses.

(4) "Night" refers to the period between 22 pm and 6 am.

(5) "Motor vehicles" means automobiles and motorcycles.

Article 64 This Law shall enter into force on March 1, 1997. The "Regulations on the Prevention and Control of Environmental Noise Pollution of the People's Republic of China" promulgated by the State Council on September 26, 1989 shall be repealed simultaneously. ^[6]