Law on Prevention and Control of Pollution from Environmenta

(Adopted at the 22nd Meeting of the Standing Committee of the Eighth National People's Congress on October 29, 1996; and amended according to the Decision of the Standing Committee of the National People's Congress to Amend Seven Laws Including the Labor Law of the People's Republic of China adopted at the Seventh Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on December 29, 2018)
 
Chapter I General Provisions
 
Article 1 This Law is formulated to prevent and control environmental noise pollution, protect and improve the living environment, safeguard human health and promote economic and social development.
 
Article 2 The term "environmental noise" as mentioned in this Law refers to the sound produced in industrial production, construction, transportation and social life that interferes with the surrounding living environment.
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 prescribed by the State and interferes with the normal life, work and study of others.
 
Article 3 This Law shall apply to the prevention and control of environmental noise pollution in the territory of the People's Republic of China.
This Law shall not apply to the prevention and control of noise hazards caused by production and business operations in their own jobs.
 
Article 4 The State Council and local people's governments at all levels shall incorporate the prevention and control of environmental noise pollution into environmental protection plans and adopt economic and technical policies and measures conducive to sound environmental protection.
 
Article 5 When formulating urban and rural construction plans, local people's governments at all levels shall give full consideration to the impact of noise generated by construction projects and regional development and transformation on the surrounding living environment, make overall planning, rationally arrange functional areas and construction layout, and prevent or reduce environmental noise pollution.
 
Article 6 The competent department of ecological environment under the State Council shall exercise unified supervision and management over the prevention and control of environmental noise pollution throughout the country.
The competent ecological environment departments 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.
Departments in charge of public security, transportation, railway and civil aviation at all levels and harbour superintendency agencies shall, in accordance with their respective responsibilities, supervise and administer the prevention and control of noise pollution in transportation and social life.
 
Article 7 Any unit or individual has the obligation to protect the sound environment, and has the right to report and prosecute the 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 The people's government shall award units and individuals who have made remarkable achievements in the prevention and control of environmental noise pollution.
 
CHAPTER II Supervision and Management of Prevention and Control of Environmental Noise Pollution 
 
Article 10 The competent department of ecological environment under the State Council shall formulate national standards for sound environmental quality in different functional areas.
Local people's governments at or above the county level shall, in accordance with the national standards for sound environmental quality, delimit the applicable areas for various standards of sound environmental quality within their respective administrative areas and administer them.
 
Article 11 The competent department of ecological environment under the State Council shall formulate the national environmental noise emission standards in accordance with the national acoustic environmental quality standards and the national economic and technological conditions.
 
Article 12 When determining the layout of construction, the urban planning department shall reasonably delimit the noise-proof distance between buildings and traffic trunk lines in accordance with the national sound environment quality standards and the sound insulation design standards for civil buildings, and put forward corresponding planning and design requirements.
 
Article 13 Construction projects newly built, rebuilt or expanded must abide by the 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 measures for the prevention and control of environmental noise pollution, and report it to the competent department of ecological environment for approval in accordance with the procedures prescribed by the State.
The environmental impact statement shall contain the opinions of the units and residents where the construction project is located.
 
Article 14 Facilities for the prevention and control of environmental noise pollution in construction projects must be designed, constructed and put into operation simultaneously with the main 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 in accordance with the standards and procedures prescribed by the State; if the requirements of the State are not met, 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 facilities for the prevention and control of environmental noise pollution; those that dismantle or idle facilities for the prevention and control of environmental noise pollution must be submitted to the competent department of ecological environment of the local people's government at or above the county level for approval in advance.
 
Article 16 Units that produce environmental noise pollution shall take measures to control it and pay fees for excessive discharge of pollutants in accordance with State regulations.
The levied fees for excessive discharge of pollutants must be used for the prevention and control of pollution and shall not be diverted for other purposes.
 
Article 17 Enterprises and institutions that cause serious environmental noise pollution in areas where noise-sensitive buildings are concentrated shall be treated within a time limit.
Units governed by deadlines must complete their governance tasks on time. Governance within a time limit shall be decided by the people's governments at or above the county level in accordance with the limits of authority prescribed by the State Council.
The people's governments at or above the county level may authorize the competent ecological and environmental departments of small enterprises and institutions to make decisions within the limits of authority prescribed by the State Council.
 
Article 18 The State shall implement a system of elimination of backward equipment that causes serious environmental noise pollution.
The competent department for comprehensive economic affairs under the State Council shall, in conjunction with the relevant departments under the State Council, publish a list of equipment whose production, sale and import are prohibited within a time limit and whose environmental noise pollution is serious.
Producers, sellers or importers must stop producing, selling or importing the equipment listed in the catalogue specified in the preceding paragraph within the time limit stipulated by the competent department for comprehensive economic affairs under the State Council in conjunction with the relevant departments under the State Council.
 
Article 19 If it is really necessary to emit occasional strong noise in production activities within a city, an application must be submitted to the local public security organ in advance, which can be carried out only after approval. Local public security organs shall make public announcements to the public.
 
Article 20 The competent department of ecological environment under the State Council shall establish a monitoring system for environmental noise, formulate monitoring norms, and organize monitoring networks in conjunction with relevant departments.
Environmental noise monitoring institutions shall report the results of environmental noise monitoring in accordance with the regulations of the competent department of ecological environment under the State Council.
 
Article 21 The competent department of ecological environment of the people's government at or above the county level and other supervisory and administrative departments and institutions for the prevention and control of environmental noise pollution shall have the right to conduct on-site inspections of Units discharging environmental noise within their jurisdiction in accordance with their respective responsibilities. The units inspected must faithfully reflect the situation and provide necessary information. Inspection departments and institutions shall keep technical and business secrets for the units inspected.
Inspectors shall present their certificates for on-site inspection.
 
Chapter III Prevention and Control of Industrial Noise Pollution
 
Article 22 The term "industrial noise" as mentioned in this Law refers to the sound that disturbs the surrounding living environment when fixed equipment is used in industrial production activities.
 
Article 23 Where industrial noise is discharged into the surrounding living environment within an urban area, it shall conform to the environmental noise emission standards set by the State for industrial enterprises and factory boundaries.
 
Article 24 In industrial production, industrial enterprises that use fixed equipment to cause environmental noise pollution must, in accordance with the provisions of the competent department of ecological environment under the State Council, declare to the competent department of ecological environment under the local people's government at or above the county level the types and quantities of equipment that causes environmental noise pollution, as well as the noise value and prevention under normal working conditions. Facilities for controlling environmental noise pollution and technical information for preventing and controlling noise pollution are provided.
Where there are significant changes in the types, quantities, noise values and prevention facilities of equipment that cause environmental noise pollution, timely declarations must be made and appropriate preventive measures taken.
 
Article 25 Industrial enterprises that produce environmental noise pollution shall take effective measures to mitigate the impact of noise on the living environment around them.
 
Article 26 The relevant competent departments under the State Council shall, in accordance with the requirements of sound environmental protection and the economic and technological conditions of the State, gradually set noise limits in the national and industrial standards for products formulated according to law.
The noise value emitted by the industrial equipment in operation specified in the preceding paragraph shall be indicated in the relevant technical documents.
 
CHAPTER IV Prevention and Control of Noise Pollution in Building Construction
 
Article 27 The term "construction noise" as mentioned in this Law refers to the sound produced in the course of construction that disturbs the surrounding living environment.
 
Article 28 If construction noise is discharged into the surrounding living environment within the urban area, it shall conform to the environmental noise emission standards set by the State for the boundary of construction sites.
 
Article 29 Within the urban area, the use of machinery and equipment in the construction process may cause environmental noise pollution. The construction unit must declare to the competent Ecological Environment Department of the local people's government at or above the county level the name of the project, the site and duration of the construction, the environmental noise value that may be generated and the rings adopted before the start of the project 15 days. Measures to prevent and control environmental noise pollution.
 
Article 30 In the concentrated areas of noise-sensitive buildings in urban areas, it is forbidden to carry out construction operations that cause environmental noise pollution at night, except for rush repair, emergency operation and continuous operation due to production technology requirements or special needs.
Where continuous operation is required for special needs, it must be certified by the people's government at or above the county level or by its relevant competent authorities.
Night operations prescribed in the preceding paragraph must be announced to the residents nearby.
 
Chapter V Prevention and Control of Traffic Noise Pollution
 
Article 31 For the purpose of this Law, the term "traffic noise" refers to the sound produced by motor vehicles, railway locomotives, motor ships, aircraft and other means of transport in operation that interferes with the living environment around them.
 
Article 32 It is forbidden to manufacture, sell or import cars that exceed the prescribed noise limitArticle 33 Mufflers and horns of motor vehicles operating in urban areas must meet the requirements of the State. Vehicles must be maintained and maintained to maintain good technical performance and prevent environmental noise pollution.
 
Article 34 When motor vehicles travel within urban areas, motor ships navigate inland waterways in urban areas, and railway locomotives pass through or enter urban areas or sanatoriums, sound devices must be used in accordance with regulations.
The installation and use of alarms in motor vehicles such as police cars, fire engines, engineering emergency vehicles and ambulances must conform to the provisions of the Public Security Department of the State Council; the use of alarms is prohibited in the execution of non-emergency tasks.
 
Article 35 The public security organs of the people's governments of cities may, in accordance with the needs of sound environmental protection in the urban areas of their respective cities, delimit the sections and times where motor vehicles are prohibited from driving or using sound devices, and make public announcements to the public.
 
Article 36 If the construction of expressways, urban viaducts and light rail roads passing through existing areas where noise-sensitive buildings are concentrated may cause environmental noise pollution, noise barriers shall be set up or other effective measures to control environmental noise pollution shall be taken.
 
Article 37 Where noise-sensitive buildings are built on both sides of existing urban traffic trunk lines, the construction unit shall, in accordance with the provisions of the State, interval a certain distance and adopt measures to mitigate and avoid the impact of traffic noise.
 
Article 38 Whoever uses a radio horn in commanding operations at stations, railway marshalling stations, ports, wharfs and airports shall control the volume of the loudspeaker and reduce the impact of noise on the surrounding living environment.
 
Article 39 For railways passing through urban residential areas and cultural and educational areas, where environmental noise pollution is caused by the operation of railway locomotives, the local urban people's government shall organize railway departments and other relevant departments to formulate plans for reducing environmental noise pollution. Railway departments and other relevant departments shall take effective measures to reduce environmental noise pollution in accordance with the requirements of the planning.
 
Article 40 Civil aircraft shall not fly over urban areas except in cases of takeoff, landing or as prescribed by law. Urban people's governments shall delimit areas around the clearance for aircraft takeoff and landing to restrict the construction of noise-sensitive buildings; if noise-sensitive buildings are built in such areas, construction units shall take measures to mitigate and avoid the impact of noise generated by aircraft operation. Civil aviation departments should take effective measures to reduce environmental noise pollution.
 
Chapter VI Prevention and Control of Noise Pollution in Social Life
 
Article 41 The term "social life noise" as mentioned in this Law refers to the sound produced by man-made activities that interferes with the living environment around him except industrial noise, construction noise and traffic and transportation noise.
 
Article 42 In the areas where noise-sensitive buildings are concentrated in urban areas, commercial enterprises that cause environmental noise pollution due to the use of fixed equipment in commercial activities must, in accordance with the provisions of the competent department of ecological environment under the State Council, report to the competent department of ecological environment under the local people's government at or above the county level the status of the equipment that causes environmental noise pollution and its prevention and control environment. The situation of facilities polluted by ambient noise.
 
Article 43 The boundary noise of newly-built commercial cultural and entertainment establishments must conform to the environmental noise emission standards prescribed by the State; if it does not conform to the environmental noise emission standards prescribed by the State, the competent cultural administrative department shall not issue a cultural operation license, and the market supervision and management department shall not issue a business license.
The managers of cultural and entertainment establishments in operation must take effective measures to ensure that their boundary noise does not exceed the environmental noise emission standards stipulated by the state.
 
Article 44 It is forbidden to use high-pitch loudspeakers or to use other methods of generating high noise to attract customers in commercial operations.
Where air conditioners, cooling towers and other equipment or facilities are used in commercial operations that may cause environmental noise pollution, their managers shall take measures to ensure that the boundary noise does not exceed the environmental noise emission standards prescribed by the State.
 
Article 45 It is forbidden for any unit or individual to use high-pitch loudspeakers in areas where noise-sensitive buildings are concentrated in urban areas.
When organizing entertainment, gatherings and other activities in public places such as streets, squares and parks in urban areas, the use of audio equipment may cause excessive volume which may interfere with the living environment around them, the regulations of the local public security organs must be observed.
 
Article 46 When using household appliances, musical instruments or other indoor recreational activities, the volume shall be controlled or other effective measures shall be taken to avoid environmental noise pollution to the surrounding residents.
 
Article 47 When carrying out indoor decoration activities in residential buildings that have been completed and delivered for use, the working time 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 If, in violation of the provisions of Article 14 of this Law, the facilities for prevention and control of environmental noise pollution that need to be built in construction projects have not been completed or have not met the requirements prescribed by the State and are put into production or use without authorization, the competent department of ecological environment at or above the county level shall order them to make corrections within a time limit and impose fines on the units and individuals; they cause serious environmental pollution or ecological damage. Orders to stop production or use, or to report to the people's government with the power of approval for approval, and orders to close down.
 
Article 49 If a person violates the provisions of this Law and refuses to report or falsely reports the declared items of environmental noise emission, the competent department of ecological environment of the local people's government at or above the county level may, according to different circumstances, give a warning or impose a fine.
 
Article 50 Whoever, in violation of the provisions of Article 15 of this Law, dismantles or idles facilities for the prevention and control of environmental noise pollution without the approval of the competent department of ecological environment, thereby causing environmental noise emissions to exceed the prescribed standards, shall be ordered to make corrections by the competent department of ecological environment of the local people's government at or above the county level, and shall be fined.
 
Article 51 If a person, in violation of the provisions of Article 16 of this Law, fails to pay a fee for excessive discharge of pollutants in accordance with the provisions of the State, the competent department of ecological environment of the local people's government at or above the county level may, according to different circumstances, give a warning or impose a fine.
 
Article 52 In violation of the provisions of Article 17 of this Law, enterprises and institutions that fail to complete the task of treatment within the prescribed time limit may be fined or ordered to suspend operations, relocate or close down according to the harmful consequences, in addition to charging fees for excessive discharge of pollutants in accordance with the provisions of the State.
The fine stipulated in the preceding paragraph shall be decided by the competent department of ecological environment. The people's governments at or above the county level shall decide on the order of suspension, relocation and closure in accordance with the limits of authority prescribed by the State Council.
 
Article 53 Whoever, in violation of the provisions of Article 18 of this Law, produces, sells or imports equipment prohibited from production, sale or import shall be ordered to make corrections by the competent department for comprehensive economic affairs of the people's government at or above the county level; if the circumstances are serious, the competent department for comprehensive economic affairs of the people's government at or above the county level shall submit its opinions to the people's government at the same level and report them to the people's government at the same
 
Article 54 Whoever, in violation of the provisions of Article 19 of this Law and without the approval of the local public security organ, engages in activities that produce occasional strong noise shall be warned or fined by the public security organ according to different circumstances.
 
Article 55 If a unit discharging environmental noise violates the provisions of Article 21 of this Law and refuses on-site inspection by the competent department of ecological environment or other department or institution exercising the power of Environmental Noise Supervision and management in accordance with the provisions of this Law or makes a false attempt at inspection, the competent department of ecological environment or other department exercising the power of Environmental Noise Supervision and management in accordance with the provisions of this Law. Doors and institutions may give warnings or impose fines according to different circumstances.
 
Article 56 If a construction unit, in violation of the provisions of paragraph 1 of Article 30 of this Law, conducts construction operations prohibited at night in the concentrated areas of noise-sensitive buildings in urban areas, which cause environmental noise pollution, it shall be ordered to make corrections by the competent Ecological Environment Department of the local people's government at or above the county level at the place where the project is located, and may also be fined.
 
Article 57 Where 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 according to different circumstances.
If a motor vessel commits any of the illegal acts mentioned in the preceding paragraph, the harbour superintendency authority shall give a warning or impose a fine according to different circumstances.
If a railway locomotive commits an illegal act in the first paragraph, the competent railway department shall impose administrative sanctions on the responsible personnel concerned.
 
Article 58 Whoever, in violation of the provisions of this Law, commits any of the following acts shall be given a warning by the public security organ and may also be fined:
(1) The use of high-pitch loudspeakers in concentrated areas of noise-sensitive buildings in urban areas;
(2) Violating the regulations of local public security organs, organizing recreational activities, 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 interferes with the living environment around them;
(3) Failing to take measures in accordance with the provisions of Articles 46 and 47 of this Law to emit environmental noise from family rooms that seriously interferes with the lives of the surrounding residents.
 
Article 59 Whoever violates the provisions of Paragraph 2 of Article 43 or Paragraph 2 of Article 44 of this Law and causes environmental noise pollution shall be ordered to make corrections by the competent department of ecological environment of the local people's government at or above the county level, and may also be fined.
 
Article 60 Anyone who violates the provisions of Paragraph 1 of Article 44 of this Law and causes environmental noise pollution shall be ordered by the public security organ to make corrections and may also be fined.
If the people's government at or above the provincial level decides according to law that the competent department of ecological environment under the local people's government at or above the county level shall exercise the power of administrative punishment as prescribed in the preceding paragraph, the decision shall be taken by the people's government at or above the county level.
 
Article 61 Units and individuals harmed by environmental noise pollution shall have the right to request the injured party to remove the hazards; those who cause losses shall be compensated according to law.
Disputes over liability for compensation and the amount of compensation may be settled through mediation by the competent department of ecological environment or other supervisory and administrative departments or institutions for the prevention and control of environmental noise pollution at the request of the parties concerned; if mediation fails, the parties concerned may bring a suit in a people's court. The party concerned may also bring a suit directly to the people's court.
 
Article 62 Supervisory and administrative personnel for the prevention and control of environmental noise pollution who abuse their powers, neglect their duties or engage in malpractices for personal gain shall be given administrative sanctions by their units or competent authorities at a higher level; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
 
Chapter VIII Supplementary Provisions
 
Article 63 The meanings of the following terms in this Law are as follows:
(1) Noise emission refers to the radiation of noise from noise sources to the surrounding living environment.
(2) Noise-sensitive buildings refer to buildings that need to be kept quiet, such as hospitals, schools, organs, research institutes and houses.
(3) "Concentrated area of noise-sensitive buildings" refers to medical district, cultural and educational research area and area dominated by government or residential buildings.
(4) "Night" means the period between 22 p.m. and 6 a.m.
(5) Motor vehicles refer to cars and motorcycles.
Article 64 This Law shall come into force on March 1, 1997. The Regulations of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution promulgated by the State Council on September 26, 1989 shall be repealed at the same time.