中华人民共和国环境噪声污染防治法 LAW OF THE PEOPLES REPUBLIC OF CHINA ON THE PREVENTION AND CONTROL OF ENVIRONMENTAL
2009-03-24 法律英语 来源:互联网 作者: ℃Monitoring organs of environmental noise shall report the monitoring results of environmental noise as required by the environmental protection department under the State Council.
Article 21 The environmental protection departments and other supervisory and management departments or organs for the prevention and control of environmental noise of local people's governments at or above the county level shall, according to their respective responsibilities, have the right to conduct on-site inspections of units under their jurisdiction that discharge environmental noise. The units being inspected must truthfully report the situation and provide the necessary information. The inspecting departments or organs shall keep confidential the technological and business secrets of the units inspected.
The inspectors shall show their certificates when conducting on-site inspections.
Chapter III Prevention and Control of Industrial Noise
Article 22 “Industrial noise” mentioned in this Law refers to the sound produced in the use of fixed equipment in industrial productive activities so as to disturb the living environment in the neighbourhood.
Article 23 The discharge of industrial noise to the neighbouring living environment in the urban districts shall conform to the boundary environmental noise discharge standards set by the state for industrial enterprises.
Article 24 Industrial enterprises that produce environmental noise pollution by using fixed equipment in industrial production must, pursuant to the provisions of the environmental protection department under the State Council, report to the environmental protection departments of local people's governments at or above the county level the types and numbers of their existing equipment producing environmental noise pollution, the ranges of noise produced by the equipment under normal operation conditions, and the situation of facilities for the prevention and control of environmental noise pollution, and also provide technical data concerning the prevention and control of environmental noise pollution.
Enterpr
ises shall report in time and take necessary prevention and control measures if any substantial change occurs in the types and numbers of the equipment producing environmental noise pollution, the ranges of noise produced, and the prevention and control facilities.
Article 25 Industrial enterprises that produce environmental noise pollution shall take effective measures to reduce the impact of noise on the neighbouring living environment.
Article 26 When establishing the national and trade standards for products according to law, the competent departments under the State Council shall, in accordance with the requirements of sound environment protection and the country's economic and technological conditions, gradually impose restrictions on the ranges of noise for industrial equipment that is likely to produce environmental noise pollution.
The ranges of noise produced in the use of industrial equipment as mentioned in the preceding paragraph shall be clearly noted in the relevant technical documents.
Chapter IV Prevention and Control of Noise in Construction
Article 27 “Noise in construction” mentioned in this Law refers to the sound produced in the construction of buildings and structures so as to disturb the living environment in the neighbourhood.
Article 28 The discharge of noise in construction to the neighbouring living environment in the urban districts shall conform to the boundary environmental noise discharge standards set by the state for construction sites.
Article 29 In the cases where machinery and equipment used in the course of construction are likely to produce environmental noise pollution within urban districts, the construction unit shall, 15 days before the construction starts, report to the environmental protection department of local people's government at or above the county level in the place where the construction project is to be located, the name, site and time limit of the project, the range of environmental noise it is likely to produce and measures for the prevention and control of environmental noise.
Article 30 In urban districts where noise-sensitive buildings concentrate, it is prohibited to conduct construction operations at night which are likely to produce environmental noise pollution, except those for rush repairs or for rescue work and those which require continual work due to productive arts or some special needs.
A construction operation that requires continual work shall have a certificate issued by the people's government at or above the county level or the competent department concerned.
Operations at night mentioned in the preceding paragraph shall be announced to the neighbouring residents.
Chapter V Prevention and Control of Traffic and Transportation Noise
Article 31 “Traffic and transportation noise” mentioned in this Law refers to the sound produced by means of traffic and transportation in operation such as motor vehicles, locomotives, motor vessels and aircraft so as to disturb the living environment in the neighbourhood.
Article 32 It is prohibited to manufacture, sell and import automobiles that produce noise in excess of the restrictions imposed on the range of noise.
Article 33 Silencers and horns of motor vehicles that run in urban districts shall meet the requirements set by the state. Motor vehicles shall be well-maintained and well-kept to good technical conditions and functions for the prevention and control of environmental noise pollution.
Article 34 Motor vehicles running in urban districts, motor ships sailing along waterways in inland rivers within urban districts and locomotives running through or entering urban districts or recuperate districts shall use their sounding devices as stipulated.
The installation and use of sirens on motor vehicles such as police cars, fire engines, engineering salvage ve
hicles and ambulances shall conform to the provisions of the public security department under the State Council. When performing non-emergency duties, they shall be prohibited from using sirens.
Article 35 Public security organs of people's governments of cities may, according to the requirements for regional sound environment protection in their urban districts, determine the sections of roads and time periods on and during which drivers are prohibited from running motor vehicles and using their sounding devices, and then publicly announce them.
Article 36 In the cases where motorways and urban elevated or light track railroads to be built run through the areas where exiting noise-sensitive buildings concentrate and are likely to produce environmental noise pollution, sound barriers shall be set up or other effective measures shall be taken for the prevention and control of environmental noise pollution.
Article 37 In the cases where noise-sensitive buildings are to be built on either side of existing main urban traffic lines, the construction unit shall set a proper distance in between as required by the state and shall take measures to reduce and eliminate the impact of traffic noise.
Article 38 Loudspeakers used for conducting operations in such places as stations, railroad marshalling yards, harbours, wharves and airports, shall be controlled in volume to reduce the impact of noise on the neighbouring living environment.
Article 39 In the cases where locomotives in operation cause environmental noise pollution to residential areas or cultural and educational areas in cities where railroads pass through, local people's governments of the cities shall organize the railroad departments and other departments concerned to formulate plans for reducing environmental noise pollution. The railroad departments and other departments concerned shall, according to the requirements of the plans, take effective measures to reduce environmental noise pollution.
Article 40 Except in the case of its takeoff and landing or in other circumstances provided for by the law, civil aircraft may not fly over urban districts. People's governments of cities shall determine areas surrounding the obstacle clearance zones for aircraft's takeoff and landing and restrict the construction of noise-sensitive buildings within such areas. If noise-sensitive buildings are to be built within the said areas, the construction unit shall take measures to reduce and avert the impact of noise produced by aircraft in operation. Civil aviation departments shall take effective measures to reduce environmental noise pollution.
Chapter VI Prevention and Control of Noise in Social Life
Article 41 “Noise in social life” mentioned in this Law refers to the sound produced in human activities so as to disturb the living environment in the neighbourhood not including industrial noise, noise in construction and traffic and transportation noise.
Article 42 Commercial enterprises that produce environmental noise pollution by using fixed equipment in business operations in urban districts where noise-sensitive buildings concentrate shall, pursuant to the provisions of the environmental protection department under the State council, report to the environmental protection department of local people's governments at or above the county level the situation of their exiting equipment producing environmental noise pollution and their facilities for the prevention and control of environmental pollution noise.
Article 43 The discharge of boundary noise produced in newly built places of culture and
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