ambient noise

The sound produced in industrial production, construction, transportation and social life that interferes with the surrounding living environment
Collection
zero Useful+1
zero
Environmental Science Noise It refers to the disturbance to the surrounding living environment caused by industrial production, construction, transportation and social life voice
Chinese name
ambient noise
Source
Transportation, industry, etc
Features
Temporary, etc
Measures
Blocking transmission routes, etc

Noise standard

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Environmental noise refers to the regulations on the allowable range of noise in order to protect the health and living environment of people. The formulation of principles should be based on the protection of people's hearing, sleep, rest, conversation and thinking, and should be advanced, scientific and realistic. The basic standard of environmental noise is Environmental noise standard The basic basis of. Most countries refer to International Organization for Standardization (ISO) recommended base (such as 30 decibels of sleep), which shall be formulated according to the specific conditions of the country and place.

Auditory decibel

0~10 dB: lower limit of hearing
10-20dB: extremely quiet
30-40 dB: very quiet
40-50 dB: quiet
50-60 dB: relatively quiet
70-80 dB: relatively noisy
80-90 dB: noisy
100-110 dB: very noisy
130~160 dB: unbearable

Various sound sizes

20dB: very quiet room
30dB: bedroom
40-60 dB: normal conversation
90dB: truck
100 dB: forklift operation
100~110 dB: the tractor starts
110 dB: sound of electric saw
120~130 dB: aircraft takeoff sound

classification

According to different noise sources Noise standard More, mainly including:

Limits

different Noise standard , the noise limits are specified. Taking GB3096-2008 standard as an example, the environmental noise limits are given in "Table 1". It includes the environmental noise limits of different acoustic environment functional areas (Class 0, 1, 2, 3, 4) and different time periods (day and night), in dB. Specifically:
Ambient noise limit dB:
Category Daytime Night
Class 0 50 40
Class 1 55 45
Class 2 60 50
Class 3 65 55
Class 4 (Class 4a) 70 55
(Type 4b) 70 60
Classification of acoustic environment functional areas
On《 Acoustic environment quality standard 》GB3096-2008 environmental quality Requirements, sound Environmental function It can be divided into the following five types:
(1) Class 0 Acoustic environment functional area: refers to the rehabilitation and convalescence area and other areas that need special quietness.
(2) Class 1 Acoustic environment functional area: refers to the area that needs to be kept quiet with the main functions of residential, medical and health, culture and education, scientific research and design, and administrative office.
(3) Category 2 Acoustic environment functional area: refers to the area where commercial finance and market trade are the main functions, or residential, commercial and industrial areas are mixed, and residential quiet needs to be maintained.
(4) Category 3 Acoustic environment functional area: it refers to industrial production, warehousing and logistics as the main functions, and it is necessary to prevent Industrial noise Areas that have serious impact on the surrounding environment.
(5) Category 4 Acoustic environment functional area: refers to the area within a certain distance on both sides of the trunk road, which needs to be prevented traffic noise Areas that have a serious impact on the surrounding environment include category 4a and 4b. Class 4a includes expressway, Class I highway, Class II highway Urban expressway , City Trunk road Urban secondary trunk road Urban rail transit (ground section), areas on both sides of inland waterway. Both sides of the inland waterway crossing the urban area. Category 4b refers to the areas on both sides of the railway trunk line

emission standard

The noise emission limits at the boundary of industrial enterprises are shown in the table below. dB [1]
daytime
at night
Class 0
fifty
forty
Class 1
fifty-five
forty-five
Category 2
sixty
fifty
Category 3
sixty-five
fifty-five
Category 4
seventy
fifty-five

Main sources

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traffic noise

It mainly refers to the noise emitted by motor vehicles, aircraft, trains, ships and other vehicles during operation. The noise source of these noises is mobile, and the interference range is large.

Industrial noise

It mainly refers to the noise generated in industrial production. Mainly from machines and high-speed running equipment.

Building construction

It mainly refers to the noise generated at the construction site. During the construction, a large number of power machines are used, such as excavation, hole drilling, mixing, and frequent transportation of materials and components, thus generating a lot of noise.

civil life

It mainly refers to the noise generated by people in various social activities such as business transactions, sports competitions, parades and gatherings, and entertainment venues, as well as the noise of various household appliances such as radio recorders, televisions, and washing machines. Such noise is generally below 80 decibels. For example, the noise of washing machines and sewing machines is 50-80 decibels, the noise of electric fans is 30-65 decibels, and the noise of air conditioners and televisions is 70 decibels. [2]

Main features

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Subjective Sensibility
The impact of acoustic environment is a kind of sensory public nuisance, because it depends not only on the intensity of noise, but also on the behavior of the affected people at that time, and is related to their own physiological (feeling) and psychological (feeling) factors. Different people, or the same person in different behavior states, will have different responses to the same noise.
Locality and dispersion
Localization and Dispersity In the following two aspects: First, any environmental noise source can only affect a certain range due to factors such as distance divergence and attenuation, and people beyond a certain distance will not be affected by the sound source; Secondly, the noise sources of the environment are scattered. It can be considered that the noise sources are ubiquitous, and people can be affected by the noise in different places.
tentative
Temporary impact on the acoustic environment: once the noise source stops producing sound, the surrounding acoustic environment can be restored to its original state, and the impact can be eliminated immediately. [3]

noise control

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In order to prevent the harm of environmental noise pollution Phonologist Ma Dayou Professor Zeng summarized and studied the existing hazards and standards of various kinds of noise at home and abroad, and put forward three suggestions:
Hearing and physical health
The allowable noise value is 75~90 decibels.
Guarantee conversation and communication
The allowable value of environmental noise is 45~60 decibels.
sleep
It is recommended to be 35~50 decibels.
Chinese psychologists believe that in addition to human factors, economic and technical feasibility must also be taken into account to control the noise environment. Adequate noise control must consider the whole system composed of noise source, transmission path and receiver. Noise control measures can be taken for the above three parts or any of them. [4]

control measures

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Control noise source
To reduce the noise of the noise source, the industry and transportation industry can choose low-noise production equipment and improve the production process, or change the movement mode of the noise source (such as damping Vibration isolation And other measures to reduce the vibration of solid sound generator).
Blocking noise propagation
Reduce noise in the way of sound transmission, control the spread of noise, and change sound source The transmission channels of emitted noise, such as sound absorption, sound insulation, sound barrier, vibration isolation and other measures, as well as reasonable planning of urban and architectural layout.
Reduce noise at human ear
When the noise protection of the recipient or the recipient organ is unable to take measures on the sound source and transmission route, or the acoustic measures taken still cannot achieve the expected effect, it is necessary to take protective measures for the recipient or the recipient organ. For example, workers exposed to long-term occupational noise can wear ear plugs Earmuff Or helmet, etc Ear protector
Noise control Although technically mature, due to the large scale of modern industry and transportation industry, there are many enterprises and places that need to adopt noise control. Therefore, in terms of noise prevention, a comprehensive balance must be made in terms of technology, economy and effect. Of course, specific problems should be analyzed specifically. The noise intensity shall be low outside the control room, design room, workshop or the place where the staff work for a long time; Few people go to workshops or open places in the warehouse, so it is OK to have a little higher noise. In short, there should be some differences in the treatment of noise at different times, places, natures and durations. [5]

Relevant laws

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general provisions
Article 1 For prevention and control noise pollution of the environment This Law is enacted to protect and improve the living environment, safeguard human health, and promote economic and social development.
Article 2 "Environmental noise" as used in this Law means the sound that is emitted in the course of industrial production, construction, transportation and social life and that impairs the living environment of the neighbourhood.
The term "environmental noise pollution" as used in this Law means that the environmental noise emitted exceeds the limits set by the State Environmental noise emission standard And interfere with the normal life, work and study of others.
Article 3 This Law shall apply to the territory of the People's Republic of China internal environment noise pollution Prevention and control of.
This Law shall not apply to the prevention and control of noise hazards arising from the production and business operation of the enterprise.
Article 4 The State Council and Local people's governments at all levels The prevention and control of environmental noise pollution shall be incorporated into the environmental protection plan, and economic and technical policies and measures conducive to the protection of the acoustic environment shall be adopted. Article 5 Local people's governments at all levels In formulating urban and rural construction plans, full consideration shall be given to the impact of noise generated by construction projects and regional development and renovation on the living environment of the neighbourhood, overall planning shall be made, functional areas and construction layout shall be rationally arranged, and environmental noise pollution shall be prevented or mitigated.
Article 6 The competent administrative department for environmental protection under the State Council shall exercise unified supervision and administration over the prevention and control of environmental noise pollution throughout the country.
The competent administrative departments for environmental protection of the local people's governments at or above the county level shall exercise unified supervision and management over the prevention and control of environmental noise pollution within their respective administrative areas.
Public security, transportation, railway, civil aviation and other competent departments at all levels and port superintendency agencies shall, according to their respective duties, supervise and manage the prevention and control of traffic and social life noise pollution.
Article 7 All units and individuals shall have the obligation to protect the acoustic environment and shall have the right to inform against and accuse 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, spreads advanced prevention and control technologies and popularizes scientific knowledge in the prevention and control of environmental noise pollution.
Article 9 The people's government shall award units and individuals that have made outstanding achievements in the prevention and control of environmental noise pollution.
Prevention and control of environmental noise pollution
Article 10 The competent administrative department of environmental protection under the State Council shall formulate the national Acoustic environment quality standard
The local people's governments at or above the county level shall, in accordance with the national standards for acoustic environmental quality, delimit areas within their respective administrative areas for the application of various acoustic environmental quality standards and exercise control over them.
Article 11 The competent administrative department for environmental protection under the State Council shall, in accordance with the national standards for acoustic environment quality and the country's economic and technological conditions, formulate the national Environmental noise emission standard
Article 12 When determining the layout of construction, the city planning department shall, in accordance with the national standards for acoustic environment quality and Code for design of sound insulation of civil buildings And reasonably delimit the noise prevention distance between buildings and traffic trunk lines, and put forward corresponding planning and design requirements.
Article 13 Construction projects that are newly built, rebuilt or expanded must comply with the provisions of the State on the administration of environmental protection for construction projects.
Where a construction project may produce environmental noise pollution, the construction unit must submit an environmental impact statement, stipulate measures for the prevention and control of environmental noise pollution, and report to the competent administrative department of environmental protection for approval in accordance with the procedures prescribed by the State.
The environmental impact statement shall include the opinions of the units and residents in the place where the construction project is located.
Article 14 The facilities for prevention and control of environmental noise pollution of a construction project must be designed, constructed and put into operation simultaneously with the main part of the project.
Before a construction project is put into production or use, its facilities for prevention and control of environmental noise pollution must be checked and accepted by the competent administrative department of environmental protection that originally examined and approved the environmental impact statement; If it fails to meet the requirements of the State, the construction project shall not be put into production or use.
Article 15 Enterprises and institutions that produce environmental noise pollution must maintain the normal use of the facilities for prevention and control of environmental noise pollution; The removal or idling of facilities for prevention and control of environmental noise pollution must be reported in advance to the competent administrative department of environmental protection of the local people's government at or above the county level for approval.
Article 16 Units that produce environmental noise pollution shall take measures to bring it under control and pay in excess of the standards in accordance with State regulations Sewage charges
The fees collected for excessive discharge of pollutants must be used for the prevention and control of pollution and may not be used for other purposes.
Article 17 Enterprises and institutions that cause serious environmental noise pollution in areas where noise sensitive structures are concentrated shall be ordered to control the pollution within a time limit.
Units that have been ordered to deal with the problem within a time limit must complete the task on time. The people's government at or above the county level shall, within the limits of its authority as prescribed by the State Council, make a decision on the reasons for the decision within a time limit.
The people's government at or above the county level may, within the limits of its authority as prescribed by the State Council, authorize its competent department of environmental protection administration to decide on the time limit for small enterprises and institutions to deal with pollution.
Article 18 The State applies an elimination system for outdated equipment that causes serious environmental noise pollution. The competent department for comprehensive economic and trade affairs under the State Council shall, together with the relevant departments under the State Council, publish a list of equipment with serious environmental noise pollution whose production, sale and import are prohibited within a time limit.
Producers, sellers or importers must stop producing, selling or importing the equipment listed in the list mentioned in the preceding paragraph within the time limit prescribed by the competent department for comprehensive economic and trade affairs under the State Council in conjunction with the relevant departments under the State Council.
Article 19 If it is really necessary to emit sporadic strong noise when conducting production activities within an urban area, an application must be submitted in advance to the local public security organ, and the production can be carried out only after approval. The local public security organ shall make a public announcement.
Article 20 The competent administrative department for environmental protection under the State Council shall establish a system for monitoring environmental noise, formulate monitoring standards and, together with relevant departments, organize a monitoring network.
The environmental noise monitoring institution shall, in accordance with the provisions of the competent administrative department for environmental protection under the State Council, report the results of environmental noise monitoring.
Article 21 The competent administrative departments for environmental protection of the people's governments at or above the county level and other supervisory and administrative departments and institutions for the prevention and control of environmental noise pollution shall, in accordance with their respective functions and duties, have the right to conduct on-site inspections of units that emit environmental noise within their jurisdiction. The inspected units must truthfully report the situation and provide necessary information. The inspection departments and institutions shall be conservative for the inspected units Technical secret And business secrets.
Inspectors shall show their certificates when conducting on-site inspection.
Prevention and control of industrial noise pollution
Article 22 For the purposes of this Law, "industrial noise" means the sound that is emitted when fixed equipment is used in industrial production activities and that impairs the living environment of the neighbourhood.
Article 23 Discharge to the surrounding living environment within the city Industrial noise Should comply with national regulations Emission standard of industrial enterprise boundary environmental noise
Article 24 An industrial enterprise that produces environmental noise pollution due to the use of fixed equipment in industrial production must, in accordance with the regulations of the competent administrative department for environmental protection under the State Council, report to the competent administrative department for environmental protection of the local people's government at or above the county level the type of equipment that produces environmental noise pollution Quantity, noise value under normal operating conditions and facilities for prevention and control of environmental noise pollution, and provide prevention and control measures noise pollution Technical data.
Any major change in the type, quantity, noise value and prevention and control facilities of the equipment that causes environmental noise pollution must be reported in time and appropriate prevention and control measures must be taken.
Article 25 Generation noise pollution of the environment Industrial enterprises shall take effective measures to mitigate the impact of noise on the living environment of the neighbourhood.
Article 26 With regard to industrial equipment that may produce environmental noise pollution, the relevant competent departments under the State Council shall, in accordance with the requirements for the protection of the acoustic environment and the country's economic and technical conditions, gradually set noise limits in the national and trade standards for products formulated according to law.
The noise level emitted by industrial equipment in operation as specified in the preceding paragraph shall be indicated in the relevant technical documents.
Prevention and control of construction noise pollution
Article 27 "Construction noise" as mentioned in this Law means the sound that is emitted in the course of construction and that impairs the living environment of the neighbourhood.
Article 28 Discharge into the living environment of the neighbourhood within the urban area Construction noise Should comply with national regulations Emission standard of environmental noise for construction site boundary
Article 29 Where the use of machinery and equipment in the course of construction in urban areas may produce environmental noise pollution, the construction unit must, 15 days before the commencement of the project, report to the competent administrative department for environmental protection of the local people's government at or above the county level the name of the project, the construction site and the duration of the project Possible environmental noise value and environmental noise pollution prevention measures taken.
Article 30 In areas where noise sensitive structures are concentrated in urban areas, it is prohibited to conduct construction operations that produce environmental noise pollution at night, with the exception of rush repairs, emergency operations and continuous operations required by production techniques or special needs.
If continuous operation is necessary due to special needs, it must be certified by the people's government at or above the county level or its competent department.
The night work mentioned in the preceding paragraph must be announced to the residents in the vicinity.
Prevention and control of traffic noise pollution
Article 31 As used in this Law Traffic noise Refers to motor vehicles, railway locomotives, motor ships, aircraft, etc Means of transportation The sound generated during operation that interferes with the surrounding living environment.
Article 32 It is forbidden to manufacture, sell or import automobiles that exceed the prescribed noise limits.
Article 33 Mufflers and horns of motor vehicles driving in urban areas must meet the requirements set by the State. Motor vehicles must be repaired and maintained to maintain good technical performance and prevent environmental noise pollution.
Article 34 Where motor vehicles run in urban areas and motor ships run in urban areas Inland waterway During navigation, when a railway locomotive passes through or enters an urban area or a convalescent area, it must use sound devices in accordance with regulations.
police car , fire engines, engineering rescue vehicles ambulance The installation and use of sirens on such motor vehicles must comply with the provisions of the public security department under the State Council; It is prohibited to use the alarm when performing non urgent tasks.
Article 35 The public security organ of an urban people's government may, in light of the need to protect the local acoustic environment in the urban area of the city, delimit the road sections and times where motor vehicles are prohibited from driving and the use of acoustic devices is prohibited, and make them known to the public.
Article 36 Where the construction of expressways, urban viaducts and light rail roads that pass through areas where existing noise sensitive structures are concentrated may cause environmental noise pollution, they shall be installed Sound barrier Or take other effective measures Control environment noise pollution Measures.
Article 37 Construction shall be carried out on both sides of existing urban traffic trunk lines Noise sensitive buildings The construction unit shall, in accordance with the provisions of the State, keep a certain distance and take measures to reduce or avoid traffic noise Measures affected.
Article 38 At the station Railway marshalling station If loudspeakers are used to direct operations in ports, docks, airports and other places, the volume of loudspeakers should be controlled to reduce the impact of noise on the surrounding living environment.
Article 39 Where a railway crossing an urban residential area, cultural and educational district causes environmental noise pollution due to the operation of locomotives, the local urban people's government shall organize the railway department and other relevant departments to work out plans for reducing environmental noise pollution. The railway department and other relevant departments shall, in accordance with the requirements of the plan, take effective measures to reduce environmental noise pollution.
Article 40 Except for taking off, landing or the circumstances prescribed by law, civil aircraft Do not fly over the urban area. The urban people's government shall demarcate restrictions on construction around the clearance for aircraft takeoff and landing Noise sensitive buildings Area; If a noise sensitive building is to be built in the area, the construction unit shall take measures to mitigate and avoid the impact of noise generated by aircraft in operation. The civil aviation department shall take effective measures to reduce environmental noise pollution.
Prevention and control of social life noise pollution
Article 41 For the purposes of this Law Social noise Refers to the removal of Industrial noise Construction noise and Traffic noise Other sounds that interfere with the surrounding living environment.
Article 42 In urban areas Concentrated area of noise sensitive buildings Commercial enterprises that cause environmental noise pollution due to the use of fixed equipment in commercial activities must, in accordance with the regulations of the competent administrative department for environmental protection under the State Council, report to the competent administrative department for environmental protection of the local people's government at or above the county level the status of their equipment that causes environmental noise pollution and the facilities for prevention and control of environmental noise pollution.
Article 43 Noise at the boundary of newly-built commercial cultural and entertainment venues must conform to the environmental noise emission standards set by the State; The competent department of cultural administration may not issue a cultural business license to those who do not meet the standards for environmental noise emission set by the State, Industrial and commercial administration The department shall not issue a business license.
The operators and managers of cultural and entertainment places under operation must take effective measures to ensure that their boundary noise does not exceed the environmental noise emission standards set by the State.
Article 44 In commercial activities, it is prohibited to use loudspeakers or other methods that emit high noise to attract customers.
The use of air conditioners, cooling towers, etc. in commercial activities may cause noise pollution of the environment The operators and managers of such equipment and facilities shall take measures to ensure that their boundary noise does not exceed the environmental noise emission standards set by the State.
Article 45 No unit or individual is allowed to use loudspeakers in urban areas where noise sensitive structures are concentrated.
If the use of audio equipment in public places such as streets, squares and parks in urban areas, where entertainment, gatherings and other activities are organized, may produce excessive volume that may interfere with the surrounding living environment, the regulations of the local public security organ must be observed.
Article 46 When using household appliances, musical instruments or other indoor family entertainment activities, the sound volume shall be controlled or other effective measures shall be taken to avoid environmental noise pollution to the surrounding residents.
Article 47 Conduct in residential buildings that have been completed and delivered for use Interior decoration For activities, the working hours shall be limited, and other effective measures shall be taken to reduce and avoid environmental noise pollution to the surrounding residents.
Chapter VII Legal Liability
Article 48 Whoever, in violation of the provisions of Article 14 of this Law, puts into production or use a construction project without the completion of the necessary facilities for prevention and control of environmental noise pollution or without meeting the requirements set by the State, shall be ordered to stop production or use and may also be fined by the competent administrative department of environmental protection that approved the environmental impact statement of the construction project.
Article 49 If anyone, in violation of the provisions of this Law, refuses to report or makes a false report on the items to be reported on environmental noise emissions, the competent administrative department for environmental protection of the local people's government at or above the county level may, in light of the seriousness of the case, give him a warning or impose a fine.
Article 50 Whoever, in violation of the provisions of Article 15 of this Law, dismantles or leaves idle the facilities for prevention and control of environmental noise pollution without the approval of the competent administrative department of environmental protection, thus causing the emission of environmental noise to exceed the prescribed standards, shall be punished by the competent administrative department of environmental protection of the local people's government at or above the county level Order correction And impose a fine.
Article 51 Violation of the provisions of Article 16 of this Law by failing to pay in excess of the standards prescribed by the State Sewage charges Of.
Article 52 Any enterprise or institution that, in violation of the provisions of Article 17 of this Law, fails to complete the task of harnessing the pollution within the time limit, may, in addition to collecting fees for excessive discharge of pollutants in accordance with State regulations, be fined or ordered to suspend business, relocate or close down in light of the harmful consequences caused.
The fine prescribed in the preceding paragraph shall be decided by the competent administrative department of environmental protection. The order to suspend business, relocate or close down shall be made by the people's government at or above the county level within the limits of its authority as prescribed by the State Council.
Article 53 Whoever, in violation of the provisions of Article 18 of this Law, produces, sells or imports equipment that is prohibited from being produced, sold or imported shall be ordered by the competent department for comprehensive economic and trade affairs of the people's government at or above the county level to make corrections; If the circumstances are serious, the competent department for comprehensive economic and trade affairs of the people's government at or above the county level shall put forward a proposal and submit it to the people's government at the same level to order it to suspend business or close down within the limits of its authority as prescribed by the State Council.
Article 54 Whoever, in violation of the provisions of Article 19 of this Law, conducts activities that produce sporadic strong noise without the approval of the local public security organ shall be given a warning or fined by the public security organ in light of the seriousness of the case.
Article 55 Any unit that emits environmental noise, in violation of the provisions of Article 21 of this Law, refuses an on-site inspection by the competent administrative department for environmental protection or any other department or institution exercising the power of supervision and control of environmental noise in accordance with the provisions of this Law, or resorts to deception when being inspected, The competent administrative department of environmental protection or any other supervisory and administrative department or institution exercising the power of supervision and management of environmental noise in accordance with the provisions of this Law may, in light of the seriousness of the case, give a warning or impose a fine.
Article 56 If a construction unit, in violation of the provisions of the first paragraph of Article 30 of this Law, conducts at night, in an urban area where noise sensitive buildings are concentrated, construction operations that produce environmental noise pollution, which are prohibited, the administrative department for environmental protection of the local people's government at or above the county level in the place where the project is located shall order it to set it right and may also impose a fine.
Article 57 If a motor vehicle, in violation of the provisions of Article 34 of this Law, does not use sound devices according to the provisions, the local public security organ shall give a warning or impose a fine according to the circumstances.
If a motor vessel commits the illegal act mentioned in the preceding paragraph, the harbour superintendency administration shall give it a warning or impose a fine according to the circumstances.
If a railway locomotive commits an illegal act as mentioned in the first paragraph, the competent railway department shall give administrative sanctions to the relevant responsible persons.
Article 58 Whoever, in violation of the provisions of this Law, commits one of the following acts shall be given a warning and may also be fined by the public security organ:
(1) Use loudspeakers in areas where noise sensitive buildings are concentrated in urban areas;
(2) In violation of the regulations of the local public security organ, organizing entertainment, gatherings and other activities in public places such as streets, squares and parks in urban areas, and using audio equipment to produce excessive volume that will interfere with the surrounding living environment;
(3) Failing to take measures in accordance with the provisions of Articles 46 and 47 of this Law, emitting environmental noise from the interior of a household that seriously disturbs the lives of the surrounding residents.
Article 59 In violation of the provisions of the second paragraph of Article 43 and the second paragraph of Article 44 of this Law noise pollution of the environment The competent administrative department of environmental protection of the local people's government at or above the county level shall order it to set it right and may also impose a fine.
Article 60 Whoever, in violation of the provisions of the first paragraph of Article 44 of this Law, causes environmental noise pollution shall be ordered by the public security organ to set it right and may also be fined.
If the people's government at or above the provincial level decides according to law that the competent administrative department of environmental protection of the local people's government at or above the county level shall exercise the power of administrative penalty as prescribed in the preceding paragraph, its decision shall prevail.
Article 61 Units and individuals suffering from the harm of environmental noise pollution shall have the right to demand that the perpetrator eliminate the harm; If losses are caused, compensation shall be made according to law.
A dispute over the liability for compensation and the amount of compensation may, at the request of the parties, be mediated by the competent administrative department of environmental protection or other supervisory and administrative departments or institutions for the prevention and control of environmental noise pollution; If mediation fails, the parties may bring a suit in a people's court. The parties may also directly bring a suit in a people's court.
Article 62 If any person in charge of supervision and administration of prevention and control of environmental noise pollution abuses his power, neglects his duty or engages in malpractices for personal gain, he shall be given administrative sanctions by the unit to which he belongs or by the competent authority at a higher level; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VIII Supplementary Provisions
Article 63 For the purposes of this Law, the meanings of the following terms are:
(I)“ Noise emission ”It means that the noise source radiates noise to the surrounding living environment.
(II)“ Noise sensitive buildings ”It refers to the buildings that need to be kept quiet, such as hospitals, schools, government agencies, scientific research institutions and residences.
(3) "Areas where noise sensitive structures are concentrated" refer to medical treatment areas, cultural, educational and scientific research areas and areas where government offices or residential buildings are the main ones.
(4) "Night" refers to the period from 22:00 p.m. to 6:00 a.m.
(5) "Motor vehicles" means automobiles and motorcycles.
Article 64 This Law shall come into force as of March 1, 1997. Issued by the State Council on September 26, 1989《 Regulations of the People's Republic of China on Prevention and Control of Environmental Noise Pollution 》It shall be abolished at the same time. [6]