In recent years, complaints from urban and rural residents regarding noise pollution in social life have significantly increased, posing new demands on the response capabilities of environmental law enforcement agencies and personnel. How should we deal with social life noise pollution?
The environmental noise pollution as defined in Article 2 of the "Law on the Prevention and Control of Environmental Noise Pollution" (hereinafter referred to as the "Noise Law") refers to the phenomenon where the generated environmental noise exceeds the national standards for environmental noise emission and interferes with the normal life, work and study of others.
That is to say, there are two conditions for noise pollution: one is the objective reality of excessive emissions, and the other is the psychological perception factor that affects the normal life of residents. For the former, it lies in the strict comparison of emission standards and monitoring values; while for the latter, due to the characteristics of noise pollution and the emotional state of the victims at that time, it is difficult to capture the scene and even more difficult to define.
The "Noise Control Law" (established in 1996) stipulates that the departments responsible for managing the prevention and control of noise pollution in social life include the environmental protection administrative department, the cultural administrative department, the industrial and commercial administrative department, and the public security department, etc. Among them, the ones with the power of administrative penalties are the public security department and the environmental protection administrative department. However, no attention has been paid to people's individual needs.
In my opinion, as long as there are phenomena of noise pollution in social life that disturb residents, according to Article 7 of the "Noise Control Law", any unit or individual has the right to report and accuse the units or individuals that cause environmental noise pollution. Regarding civil liability, according to Article 61 of the "Noise Control Law", the parties have the right to request that the environmental protection administrative department or other departments or institutions responsible for environmental noise pollution prevention and control mediation and handle disputes over compensation liability and compensation amount. For administrative liability, relevant functional departments should clarify the situation, resolve disputes, and handle them properly in accordance with the law.
First, based on the source of the noise, determine the regulatory entity, applicable provisions, and penalties.
For social life noise coming from fixed places, facilities or equipment, the environmental protection administrative department shall, in accordance with the provisions of Article 59 of the "Noise Control Law", order rectification and may impose a fine.
Regarding social life noise from other sources, the public security authorities will apply the "Noise Law" based on the specific circumstances. Specifically: noise emanating from car horns, sound systems, and renovations (during the completion and use period) shall be subject to Article 58 of the "Noise Law", which states: (1) Using high-pitched audio equipment in areas with concentrated noise-sensitive buildings in urban areas; (2) Organizing entertainment or gatherings in urban streets, squares, parks, etc. in violation of the regulations of the local public security authorities, using audio equipment to generate excessive volume that interferes with the surrounding living environment; (3) Failing to take measures as stipulated in Article 46 and Article 47 of the "Noise Law" to emit severe environmental noise that seriously disturbs the lives of surrounding residents; the public security authorities shall give a warning and may impose a fine. For occasional intense noise, Article 54 of the "Noise Law" stipulates that in violation of Article 19 of the "Noise Law", that is, conducting activities that generate occasional strong noise without the approval of the local public security authorities, the public security authorities shall, depending on the circumstances, give a warning or impose a fine. Additionally, Article 60 of the "Noise Law" stipulates that in commercial activities, using high-pitched audio equipment or adopting other methods that emit high noise to attract customers, causing environmental noise pollution, shall also be ordered to correct by the public security authorities and may be fined (the second paragraph of this article is determined based on the circumstances of each province).
Second, the environmental protection authorities are responsible for unified supervision and management. There are numerous types of social life noise, and it is difficult for laws and regulations to enumerate all the regulatory provisions. However, Article 6 of the "Noise Law" stipulates that the environmental protection administrative department of the local people's government at or above the county level shall implement unified supervision and management of environmental noise pollution prevention and control within its administrative region. The responsibilities of relevant functional departments are both divided and have their own focuses, cooperating with each other, either directly handling or guiding complaints. Among them, the environmental protection department is the unified supervisor, but it is by no means in charge of everything or in charge of all, nor does it cover all aspects.
The environmental protection department has the responsibility to explain to residents the relevant regulations on social life noise, guide them to report violations, and resolve disputes; for complaints that comply with the law but do not fall within the jurisdiction of this department, it should inform the applicant to submit the complaint to the relevant administrative agency.