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Regulations of Shenzhen Special Economic Zone on
the
Prevention and Control of Environmental Pollution
from Noises |
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£¨Adopted
at the 20th meeting of the First Standing Committee
of People' s Congress of Shenzhen Municipality on December
24,1993. Modified at
the 19th meeting of
the Second Standing Committee of People' s Congress
of Shenzhen Municipality on December 17,1997.£© |
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Chapter¢ñ
General Principles |
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Article 1
These Regulations are enacted in accordance with the relevant
laws and rules of State, in light of
the specific situation of Shenzhen Special Economic Zone
(hereinafter referred to as the "special zone" ),
with a
view to preventing and controlling environmental noise
pollution, ensuring human health, improving the living
environment
and promoting the harmonious development of economic
and social. |
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Article 2
These Regulations shall apply to the
prevention and control of environmental noise pollution in the
special zone.
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The term of "environmental noise pollution" which is used in
these Regulations refers to the phenomenon that the
environmental noise in a given district exceeds the limits set
by the State. |
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Article 3
The
competent administrative department for environmental
protection(hereinafter referred to as "the environmental
protection department" ) under
the People' s Governments
of Shenzhen Municipality and Districts(hereinafter referred to
as "the municipal and district
governments)
shall exercise unified supervision and administration to the
prevention and control of environmental noise pollution in
the
special zone. The administrative department for industry and
commerce, the administrative department for construction
and
other relevant departments shall assist the environmental
protection department in exercising the supervision and
administration to the prevention and control of noise pollution
from production, operation or construction.
The department for public security shall be responsible for
the supervision and administration
to the prevention and control
of noise pollution from motor vehicles.
The administrative department of technology supervision
shall be responsible for the supervision
and administration to
the noise quality of industry products. |
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The department of
commercial test shall be responsible for the supervision and
administration to the noise testing of imported
equipments. |
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The administrative
departments of civil aviation, railways and
harbor affairs shall, within their respective
duties, exercise the supervision and administration to the
prevention and
control of noise pollution
from aircrafts, trains and vessels. |
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The department of city
administration shall be responsible for the supervision and
administration to the prevention and
control of social life
noise pollution. The department of public security shall
exercise the supervision and administration
to the prevention
and control of the social life noise pollution according to its
responsibilities. The resident committee
or the realty
management organ of residential district shall assist the
departments of city administration and public security
in
exercising the supervision and administration to the prevention
and control of the social life noise pollution.
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Article 4
All the units and
individuals shall bear the obligation
to protect the environment from noise pollution and shall have
the right to inform authorities
of or charge the unit or
individual causing noise pollution to the environment. |
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Chapter
¢ò
Monitoring and Administration of Environment Noise |
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Article 5
The municipal department of environment protection shall
define the areas in which the environmental
noise standards shall be applicable, and shall publicize and
implement the definition
after the municipal government
approves..
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Article 6
The department of environment protection shall be responsible
for organizing routine monitoring to the environment
noise
quality, and for supervising and monitoring the pollution
source.
The noise monitoring data issued by the environment
monitoring institution of the department which
exercises the
authority of supervising and administering the environment
according to law shall be used as the criterion
for evaluating
the environment noise status, and the basis of carrying out the
supervision and administration to the prevention
and control of
noise pollution .
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Article 7
The department of environmental protection and other departments
which exercise the authority of supervising and administering
environmental noises according to law shall have the power to
conduct on-the-spot inspection to the units and individuals
emitting environmental noise in their administration area. The
inspected unit and individual shall give a true account
of the
actual situation, and provide the necessary information, and
shall not obstruct or delay the on-the-spot inspection.
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When carrying out the on-the-spot inspection to the noise
pollution, the administrative law-enforcement officers shall
produce their credentials. The departments and their
administrative law-enforcement officers conducting the
inspection
shall keep technological and business secrets for the
inspected units and individuals. |
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Article 8
Any
unit and individual that emit noises inconsistent with the
environment noise standards shall pay for the excessive emission
according to the regulations, and shall take effective measures
to control the noise. |
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Chapter
¢ó
Prevention and Control of the Noise Pollution from Production
and Operating |
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Article 9
The term of "noise from production and operation" as used in
these Regulations means the sound which is emitted
in the course
of industrial production and operation, and impairs the
environment around.
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Article 10
It is forbidden to
establish a production or operation project which may produce
noise pollution in the residential
district, concentration
district for residents, culture and education district,
sanitarium or other special district. If
the kind of project
mentioned above has already been set up, the project shall be
rectified within a limited time.
If the project fails to meet
the emission standards of environmental noise after the
rectification, it shall be ordered
to move out of the district
or stop doing business.
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Article 11
Any construction unit which wants to establish, expand, alter or
move a production or operation project producing noise
pollution
shall make an environmental impaction statement or fill an
environmental impaction form about the construction
project ,
and may not start construction or conduct the registration of
industry and commerce until being examined and
approved by the
department of environmental protection which exercise the
authority of examining and approving to the project.
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Article 12
Anyone that constructs
a production or operation project or facility producing noise
pollution shall adopt corresponding
measures for the prevention
and control of noise pollution, and may not put the project or
facility into production or
use until being examined as
qualified by the environment protection department
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Article 13
Any producer or operator, who installs an equipment producing
noise pollution, such as the air-conditional cooling
tower,
exhaust fan, dynamotor, water pump, and sound equipment, shall
also install the facilities which can effectively
prevent and
control the noise pollution, and shall submit the equipment for
acceptance check to the environment protection
department with
the jurisdiction.
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Article 14
Any producer or operator that emits noises during production or
operation into the environment around shall report
and register
his facilities for emitting noises, the kind, quantity and
intensity of the noise source to the department
of environmental
protection, and shall provide relevant information relating to
the prevention and control of noise pollution.
If the kind, quantity or intensity of noise source is
changed greatly, a report shall be submitted
within three days
upon the changing.
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Article 15
The equipments that have been built for preventing and
controlling noise pollution shall be well maintained in
technology performance, and shall not be dismantled or left
unused without the approval of the environment protection
department. |
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If the equipment
mentioned above needs to be dismantled or ceased to use because
of the renovation, maintenance or other
special situations, its
owner shall apply to the original environment protection
department 15 days ahead which shall reply
within 7 days upon
accepting the application. If the equipment needs to be ceased
to use because of accidents, its owner
shall take measures
immediately to reduce or stop the noise emission, and shall
report to the original environment protection
department within
24 hours.
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Article 16
Any producer or operator that emits noises to the environment
around shall accord with the noise standards with factory
(park)
boundary. . If there is no obvious factory (park) boundary, the
boundary shall be the redline of land-use planning
or the
central line between two factories(parks). |
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The sound used to
attract customs shall not exceed the environment noise limits
stipulated for its area located.
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Article 17
Any producer or operator that emits noises exceeding stipulated
standards and produces serious environmental noise
pollution
shall be ordered to control the pollution within a time limit by
the environment protection department with the
jurisdiction. |
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If the producer or
operator mentioned above is an enterprise dominated directly by
the relevant department under the State
Council, or the
government of Guangdong province or other province, municipality
directly under the Central Government,
or autonomous region, the
decision on controlling the noise pollution within a time limit
shall be made by the municipal
department of environmental
protection.
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Article 18
It is forbidden to produce, sell or import the industry
productions which do not conform to the noise quality standards
of the State or the local government. |
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If a product emits
noise, the producer shall record the intensity of noise emission
in the production nameplate and
user guide.
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Article 19
The regulations of this Chapter shall be applicable to the
prevention and control of environment noise pollution
of public
institutions. |
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The decision on
controlling pollution within a time limit to a public
institution shall be made by the municipal department
of
environmental protection.
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Article 20
No producer or operator who occasionally
produces strong noise in the course of production may start the
construction until the department of public security approves
and has made it known to the public for 48 hours. |
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Chapter
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Prevention and Control of the Noise Pollution from Construction |
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Article 21
The term of
"construction noise" used in these Regulations means the sound
that is emitted in the course of construction and
impairs the
environment around. |
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Article 22
The construction units and individuals shall take measures for
preventing and controlling environment noise pollution.
The
noise emitted to the environment around in the course of
construction operation shall be kept within the stipulated
noise
limits in the boundary of construction site.
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Article 23
If the noise emitted in the course of construction operation may
exceed the noise limits in the boundary of a construction
site,
the construction unit and individual shall report it to the
environment protection department having approval authority
of
this project within 15 days before starting the project, and
shall explain the name,
construction site, construction period of the project, the
intensity of environmental noise may be emitted in the
site of
construction operation, and the measures taken for preventing
and controlling pollution. |
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Article 24
It is forbidden to start a
construction that produces noise pollution in an urban area at
noon and night, except that making
rush repairs or rescue
operations. Anyone who starts construction at normal working
time and needs to construct continually
at noon or night because
that the operation can not be left a construction gap due to
concrete pouring, or because of the
molding of punching,
drilling pile or other special situations shall apply for
approval to the original environment protection
department which
shall reply within 7 days upon accepting the application.
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Anyone who wants
to start a construction producing noise pollution in a
residential district, concentration district for
residents,
culture and education district, sanitarium or other special
districts that produces noise pollution shall apply
for approval
to the environment protection department with the examination
and approval authority which shall reply within
10 days upon
accepting the application. If the noise pollution is serious,
the environment protection department may limit
the working time
of the construction.
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Article 25 If
the construction noise can not meet the emission standard within
the boundary of location after controlling because
of limited
economical or technical conditions, the constructor shall take
effective measures to minimize the noise pollution,
and shall
negotiate and make agreement with the units or individuals
suffering from the noise pollution, and take other
measures to
protect their rights. |
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Chapter
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Prevention and Control of the Noise Pollution from Traffic |
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Article 26
The term of "traffic noise" used in these Regulations means the
sound that is emitted by transportation tools,
such as motor
vehicles, trains, vessels and aircraft, and impairs the
environment around.
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Article 27
The motor vehicles for driving shall be equipped with exhaust
mufflers and low-sound horns, and shall be kept in
good
condition of technical performance ability. The noise emitted by
the whole vehicle shall not exceed the noise emission
limit for
motor vehicles.
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Article 28
The department of public
security shall bring the prevention and control of the noise
pollution from motor vehicles into
the first inspection, annual
inspection of vehicles, and the selective examination of driving
status on roads, and shall
not grant the driving license, and
the acceptance certificate of annual inspection to the vehicle
which does not meet the
noise emission standards for motor
vehicles, or order the vehicle to be repaired in a limited time.
The department of merchandise inspection shall bring the
noise inspection into the inspection items
of imported motor
vehicles, and shall not allow the vehicles which do not conform
to the noise emission standards for motor
vehicles to be
imported.
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Article 29
The motor vehicle' s noise shall be brought into the scope of
heavy repair for motor vehicles. |
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Any operator who is
engaged in the heavy repair of motor vehicles shall have the
ability to inspect noise, and may not let
the repaired motor
vehicle to leave until it meets the noise emission standards.
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Article 30
Any motor vehicle which is driven into the built-up urban area
shall be forbidden to blow without exception. The
motor vessels
and trains shall use their sound-making signals according to the
regulations.
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Article 31
If a special vehicle needs to be equipped with alarming sirens,
the owner shall apply for approval to the public
security
department, and shall install and use the sirens according to
relevant regulations. It is forbidden to use the
alarming sirens
when performing non-urgent tasks. The motor vehicles shall not
be equipped with the anti theft alarming
sirens which produce
noise pollution.. .
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Article 32
The noise produced by an aircraft in taking-off or landing shall
accord with the noise emission standards for aircraft.
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Article 33
It is forbidden to use high-pitch loudspeakers to control or
manage traffic at
crossings,
stations, railway
marshal yards, ports, docks, airports and other traffic hinge
areas. |
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Chapter
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Prevention and Control of Noise Pollution from Social Life |
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Article 34
The term of "noise from social life" as used in these
Regulations means the sound that is emitted in daily
life and
impairs the environment around.
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Article 35
It is forbidden to set off fireworks and crackers. Anyone that
needs to set off fireworks at an important countrywide
or
citywide celebration shall apply to the municipal government for
approval, and shall set off at designated place in
accordance
with the approved time, kind and quantity.
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Article 36
It is forbidden to shout for selling or buying in residential
districts and concentration districts for residents
at noon and
night.
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Article 37
It is forbidden to commit the activities producing noise
pollution, such as construction decoration and furniture
procession, at noon and night in residential districts,
concentration districts for residents, culture and education
districts and sanitariums.
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Article 38
The sound impacting other people that is produced by a resident
when using household appliances, musical instruments
or holding
entertainment shall not exceed the stipulated limit of
environment noise.
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Article 39
The sound impacting other people that is produced by an organ,
social group or other organization in working or other
activities shall not exceed the stipulated limit of environment
noise.
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Article 40
It is forbidden to use high-pitch loudspeakers and loudspeaker
vans without the approval of the city management department.
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Chapter
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Legal Liabilities |
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Article 41
Anyone who commits any one of the following acts in violation of
these Regulations shall be ordered to make corrections
by the
environment protection department or other department exercising
the supervision authority on environment noises,
and shall be
imposed a penalty according to the following rules:
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1. anyone who, in
violation of the provisions of Paragraph 1 of Article 7 of these
Regulations, refuses, obstructs
or delays the on-the-spot
inspection of environment noise, or does not reflect the
situation according to the facts or
falsifies when being
inspected, shall be imposed a fine of 1000 to 5000 Yuan.
2. anyone who, in violation of the provisions of Article 8
of these Regulations, refuses to pay,
delays to pay or fails to
pay fees for excessive noise emission, shall be imposed a fine
of 3000 to 10000 Yuan, in addition
to paying fees for excessive
noise emission and late fees. |
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3. any producer or
operator, in violation of the provisions of Article 10 of these
Regulations, shall be imposed a
fine of 5000 to 20000 Yuan, and
shall be withdrawn provisionally its business license by the
administrative department
for industry and commerce. The
administrative department for industry and commerce shall return
the license back if the
producer or operator meets the
requirements after inspection. |
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4. any construction or
operation unit who, in violation of the provisions of Article 11
of these Regulations, starts
to construct the project without
the approval of the environment protection department, shall be
ordered to stop construction,
and the construction unit shall be
imposed a fine of 5000 to 20000 Yuan. |
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5. anyone who, in
violation of the provisions of Article 12 of these Regulations,
puts the construction project and
facilities into production and
use while the measures of prevention and control of noise
pollution do not pass the acceptance
check by the environment
protection department shall be ordered to stop producing or
using, and shall be imposed a fine
of 300 to 10000 Yuan. If the
circumstance is serious, a fine of 10000 to 50000 Yuan shall be
imposed. |
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6. anyone who, in
violation of the provisions of Article 13 of these Regulations,
does not equip his high-noise equipments
with effective
facilities of preventing or controlling noise pollution or does
not apply to the environment protection
department for
acceptance check, shall be ordered to stop using the equipments,
and shall be imposed a fine of 3000 to
20000 Yuan. |
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7. anyone who, in
violation of the provisions of Article 14, 23 of these
Regulations, does not report, refuses to
report or make a false
report of the situation of noise pollution, shall be imposed a
fine of 2000 to 10000 Yuan. |
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8. anyone who, in
violation of the provisions of Article 15 of these Regulations,
dismantles or leaves idle the facilities
for preventing or
controlling noise pollution without the approval of the
department for environmental protection,
and emits noise in
excess of the limits prescribed, shall be ordered to install it
again or begin use it, and shall simultaneously
be imposed a
fine of 3000 to 20000 Yuan. |
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9. anyone who, in
violation of the provisions of Paragraph 2 of Article 16 of
these Regulations, shall be imposed
a fine of 500 to 2000 Yuan. |
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10. anyone who, in
violation of the provisions of Article 17 of these Regulations,
fails to put the pollution under
control at the expiration of
the time limit, shall be ordered to stop using the facilities
emitting noise pollution, and
shall be imposed a fine of 5000 to
50000 Yuan simultaneously. If circumstance is serious, a fine of
50000 to 10000 Yuan
shall be imposed. |
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11. anyone who, in
violation of Paragraph 2 of Article 18 of these Regulations,
does not record the intensity of noise
emission in the
production nameplate and the user guide according to the facts,
shall be imposed a fine of 5000 to 20000
Yuan. |
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12. anyone who, in
violation of the provisions of Article 20 of these Regulations,
shall be punished by the department
of public security according
to law. |
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13. anyone who, in
violation of the provisions of Article 24 of these Regulations,
starts a construction producing
environmental noise pollution
without the approval of the environment protection department,
shall be ordered to stop construction,
and shall be imposed a
fine of 5000 to 20000 Yuan simultaneously. Anyone who refuses to
perform the decision of the environment
protection department on
limiting the working time of construction, shall be ordered to
stop the construction, and shall
be imposed a fine of 3000 to
10000 Yuan simultaneously. If the circumstance is serious, the
construction license shall
be revoked by the administrative
department for construction. |
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14. anyone who, in
violation of the provisions of Article 27, Paragraph 1 of
Article 30 or Article 31 of these Regulations,
shall be imposed
a fine of 200 to 500 Yuan. If the circumstance is serious, the
driving license shall be revoked. |
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15. any operator
engaged in the heavy reparation of motor vehicles who, in
violation of the provisions of Article
29 of these Regulations,
let a motor vehicle leave which does not undergo the noise
inspection or does not pass the inspection
shall be imposed a
fine of 3000 to 10000 Yuan by the environment protection
department. If the circumstance is serious,
the operator shall
be revoked its business license and ordered to make corrections
by the administrative department for
industry and commerce, and
shall be returned its business license after it satisfies the
rectification requirements by
examination. |
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16. anyone who, in
violation of the provisions of Article 33 of these Regulations,
uses high-pitch loudspeakers in
a traffic hinge area, shall be
imposed a fine of 500 to 3000 Yuan. |
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17. anyone who, in
violation of the provisions of Article 35 of these Regulations,
sets off fireworks and crackers,
shall be imposed a fine of 1000
to 5000 Yuan, in addition to being confiscated his fireworks and
crackers remained. |
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18. anyone who, in
violation of the provisions of Article 36, 37 and 38 of these
Regulations, shall be imposed a fine
of 100 to 500 Yuan. |
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19. anyone who, in
violation of the provisions of Article 39 or 40 of these
Regulations, shall be imposed a fine of
200 to 1000 Yuan. |
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The punishment imposed
to a public institution violating the provisions of these
Regulations, shall accord with the provisions
of the preceding
paragraph.
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Article 42
If the party does not agree with the decision of administrative
penalty made by the district department of environment
protection or a district department exercising the power of
supervising and administrating environment noise according
to
law, he may apply to the superior competent department for
administrative review within 15 days upon receiving the penalty
decision. If the party does not agree with the decision of
administrative penalty made by the municipal department of
environment protection or a departments in charge of supervising
and administrating environment noise according to law,
he may
apply to the municipal administrative review organ for review
within 15 days upon receiving the penalty decision.
If the party
does not agree with the decision of administrative review, he
may bring litigation before the people' s court
within 15 days
from receiving the review decision. The party may also directly
bring a lawsuit before the people' s court
within 15 days from
receiving the penalty decision. |
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If the party does not
apply for administrative review, or bring a litigation before
the people' s court within the due time,
and does not perform the
penalty decision, the organ making the penalty decision may
apply to the people' s court for compulsory
execution.
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Article 43
Even a unit or individual emitting noise has paid the fees for
excessive emission or has been imposed a fine, his
legal
liabilities of eliminating the harming from noise and other
relevant responsibilities shall not be exempted.
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Article 44
The unit or individual that harms the environmental by producing
noise pollution shall have the responsibilities to eliminate
the
harmful effects and compensate the unit or individual directly
suffering from the noise pollution. |
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The dispute over the compensation liability or the amount of
money may be disposed by the department of environmental
protection or a department exercising the power of supervising
and administrating environmental noise at the request of the
parties concerned. The parties may also directly bring a lawsuit
before the people' s court. |
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Article 45
Anyone who, in violation of the provisions of
these Regulations, causes environmental noise pollution, shall
be imposed
administrative punishment by his unit or the superior
competent organ if the circumstance is serious, and shall be
investigated
for criminal responsibilities according to law if a
crime is constituted. |
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Article 46
Anyone who prevents or obstructs the environment protection
department or a department exercising the power of supervising
and administrating environment noise, or their officers of
administrative law-enforcement from performing official duties,
and results in violating the administrative provisions of public
security, shall be imposed penalty by the department for
public
security according to law;
If a crime is constituted, criminal liability shall be
investigated according to law. |
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Article 47
Any officer of administrative law-enforcement who abuses his
power, neglects his duty or plays irregularities for favoritism
shall be imposed administrative punishment by his competent
authority. If a crime is constituted, he shall be investigated
for criminal responsibilities according to law. |
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Chapter
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Supplementary Provisions |
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Article 48
The term of "time" as used in these Regulations means the Beijing
time. |
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The term of "noon" means
the period from 12:00 a.m. to 2:00 p.m. The term of "night" means
the period from 11:00 p.m.
to 7:00 a.m. of the next day.
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Article 49
These Regulations shall enter into force as of May 1, 1994. |
