The Noise Pollution Prevention and Control Law will come into force on June 5 this year
Treating both symptoms and root causes, maintaining harmony and tranquility of living environment
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The 32nd meeting of the Standing Committee of the 13th National People's Congress recently passed the "Noise Pollution Prevention and Control Law of the People's Republic of China". clearly stipulated.
What are the new features of the revised Noise Pollution Prevention and Control Law?
In the next step, what aspects will the relevant departments mainly start from to further strengthen the control of noise pollution?
The harsh sound of interior decoration, noisy square dancing, disturbing traffic noise, nighttime construction at construction sites... Noise pollution is closely related to the people and has always been a hot issue of concern to all sectors of society.
Gao Hucheng, chairman of the National People's Congress Environment and Resources Protection Committee, introduced that with the development of my country's economy and society, the situation of noise pollution prevention and control has also undergone major changes. The polluted areas have expanded from cities to rural areas, and new noise sources such as high-speed rail and urban rail transit Continuing to appear, outdoor activity noise and indoor noise pollution are also increasingly frequent and diverse.
According to the relevant person in charge of the Atmospheric Environment Department of the Ministry of Ecology and Environment, according to incomplete statistics, in 2020, the national ecological environment, public security, housing and urban-rural construction departments received a total of about 2.018 million noise complaints and reports, of which social life noise complaints and reports were the most. , about 1.083 million, accounting for 53.7%; followed by construction noise complaints and reports, about 691,000, accounting for 34.2%.
The Noise Pollution Prevention and Control Law will better meet the growing needs of the people for a harmonious and peaceful environment.
Increase the objects of prevention and control, adjust the scope of application, and improve the regulations on the responsibilities of the government and its related departments
The current Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution has been implemented since 1997, with a total of 64 articles in eight chapters. The revised Law on the Prevention and Control of Noise Pollution has a total of 90 articles in nine chapters.
The relevant person in charge of the Department of Atmospheric Environment of the Ministry of Ecology and Environment introduced that there are gaps in the management objects and scope of the Environmental Noise Pollution Prevention and Control Law.
Mainly reflected in the fact that noise in rural areas, urban rail transit noise, noise from shared facilities and equipment in residential areas, and environmental vibration are not included in the scope of legal supervision.
In response to this outstanding problem, the Noise Pollution Prevention and Control Law has increased the objects of noise pollution prevention and control, and expanded the scope of application of the law: revise the definition of industrial noise, and extend industrial noise to the sounds produced in industrial production activities that interfere with the surrounding living environment; Noise definition, increase urban rail transit noise; expand the applicable geographical scope, and extend the provisions that industrial noise, construction noise, traffic noise and social life noise are only applicable to urban areas to rural areas.
The relevant person in charge of the Atmospheric Environment Department of the Ministry of Ecology and Environment said that the prevention and control of noise pollution involves many departments, and there are problems such as unclear responsibilities, multiple management, management dislocation, and absence.
Noise pollution control is a local authority, but some local governments do not pay enough attention to noise pollution control.
In response to this problem, the Noise Pollution Prevention and Control Law has improved the regulations on the responsibilities of the government and its relevant departments: it stipulates that people's governments at or above the county level shall incorporate noise pollution prevention and control work into their national economic and social development plans and ecological environmental protection plans; The State Council stipulates that the responsibilities of relevant departments for the supervision and management of noise pollution prevention and control shall be clarified, and a coordination and linkage mechanism for noise pollution prevention and control shall be established as needed; The people's government at the city or county level where the area with the acoustic environment quality standard is located shall promptly formulate an acoustic environment quality improvement plan and its implementation plan, and take effective measures to improve the acoustic environment quality.
Make clear regulations on square dance noise disturbance, vibration and other issues
"In the past, the prevention and control of noise pollution was mainly based on discharge standards and end-of-line management, and the comprehensive application of management measures such as planning control, source prevention and control, pollution discharge permit, automatic monitoring, and social governance was insufficient. The Noise Pollution Prevention and Control Law has made clear provisions for these measures. ” said the relevant person in charge of the Atmospheric Environment Department of the Ministry of Ecology and Environment.
Source prevention and control is one of the most effective ways to prevent and control noise pollution. The Noise Pollution Prevention and Control Law strengthens the requirements for source prevention and control.
The first is to improve the product noise limit system. For industrial equipment, construction machinery and other products that may cause noise pollution, noise limits are required to be specified in their technical specifications or product quality standards; the second is to increase planning and prevention requirements and add industrial noise. , Traffic and transportation noise planning and control requirements; the third is to increase environmental vibration control standards and measures to prevent noise pollution from the source.
Wang Canfa, a professor at China University of Political Science and Law, pointed out: "The Noise Pollution Prevention and Control Law incorporates vibration into the scope of legal norms, and puts forward requirements for reducing vibration in industrial production, building construction, highway, railway and urban rail transit operations, which is conducive to reducing vibration. management and resolution of related disputes.”
The noise of square dancing has attracted much attention. How does the Noise Pollution Prevention and Control Law solve this problem?
"With regard to the problem of square dancing noise disturbing people, the Noise Pollution Prevention and Control Law takes into account the interests of all parties and clarifies the rights and obligations of all parties." Professor Zhu Xiao, deputy dean of the School of Environment, Renmin University of China, said that the Noise Pollution Prevention and Control Law stipulates that in the streets , squares, parks and other public places to organize or carry out entertainment, fitness and other activities, shall abide by the regulations of the public place administrator on the activity area, time period, volume, etc., take effective measures to prevent noise pollution; shall not violate the regulations to use audio equipment to generate excessive volume .
If you violate the regulations and refuse to make corrections despite persuasion and education, the Noise Pollution Prevention and Control Law stipulates that a fine may be imposed.
Clarify legal responsibilities, increase penalties, and implement noise pollution prevention and control actions
"The Environmental Noise Pollution Prevention and Control Law mentioned fines 14 times, but did not specify the range of the amount of fines. Some clauses did not have corresponding penalties. The Noise Pollution Prevention and Control Law further clarified legal responsibilities and increased penalties." Ministry of Ecology and Environment The relevant person in charge of the Department of Atmospheric Environment said.
The Law on the Prevention and Control of Noise Pollution stipulates that if the emission of noise has caused serious pollution, and is ordered to make corrections and refuses to make corrections, the competent ecological environment department or other departments responsible for the supervision and management of noise pollution prevention and control may seal up and detain the places, facilities, equipment, and equipment that emit noise. tools and items.
"Increasing the punishment will prompt the noise-emitting units to pay more attention to the impact of noise on the surrounding environment. The Noise Pollution Prevention and Control Law stipulates the range of fines, which also provides more basis for law enforcement." Wang Canfa said that complaints about noise caused by nighttime construction In the past, because there was no means of sealing and detaining, the management department had no way to stop noise pollution immediately; the Noise Pollution Prevention and Control Law stipulates compulsory measures for sealing and detaining, which enriches the means of law enforcement, and can achieve immediate results in the prevention and control of noise pollution.
"The Law on the Prevention and Control of Noise Pollution stipulates that any unit or individual has the obligation to protect the acoustic environment, and at the same time has the right to obtain information on the acoustic environment, participate in and supervise the prevention and control of noise pollution. This is very important." Ma Jun, director of the Beijing Public Environmental Research Center, believes that , Air pollution control and water pollution control have made significant progress, of which information disclosure has played a very positive role.
At present, it is still difficult for the public to effectively obtain noise monitoring data. It is recommended that all localities and departments implement the requirements of the Noise Pollution Prevention and Control Law and improve them as soon as possible.
The "14th Five-Year Plan" and the outline of the long-term goals for 2035 clearly propose to strengthen the control of environmental noise pollution.
The relevant person in charge of the Atmospheric Environment Department of the Ministry of Ecology and Environment introduced that in the next step, the Ministry of Ecology and Environment plans to strengthen noise pollution control from the following aspects: First, take the implementation of the Noise Pollution Prevention and Control Law as an opportunity to strengthen legal publicity and implementation.
This year, it is planned to cooperate with the National People's Congress Environmental Protection Committee and relevant departments to train noise management personnel of local people's congresses and ecological environment departments on noise pollution prevention and control laws and supporting systems, so as to improve the level of noise management in various places.
At the same time, it is widely publicized to the society in the form of knowledge questions and answers.
The second is to speed up the resolution of prominent noise problems that the masses are concerned about, implement noise pollution prevention and control actions, and actively promote social co-governance.
The third is to improve the noise regulation and standard system, further strengthen the noise monitoring work, and improve the supervision capacity.
Our reporter Liu Yi