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Article 56 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution stipulates that if a construction unit violates the provisions of the first paragraph of Article 30 of this Law, and carries out prohibited construction operations that produce environmental noise pollution at night in the concentrated area of noise-sensitive buildings in urban areas, the local people's environmental protection administrative department at or above the county level where the project is located shall order corrections and may be fined.
Article 30 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution stipulates that construction operations that produce environmental noise pollution are prohibited at night in areas where noise-sensitive buildings are concentrated in urban areas, except for emergency repairs, emergency operations and continuous operations that must be carried out due to production process requirements or special needs. If it is necessary to operate continuously due to special needs, it must have a certificate from the people at or above the county level or its competent department. For night operations provided for in the preceding paragraph, nearby residents must be announced.
Therefore, the local people's ** environmental protection administrative department can order the construction unit to make corrections, and the relevant departments can impose a fine on the construction unit.
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If there is a disturbance to the people, you can contact the property owner, and the property owner may find the relevant department to deal with the complaint for a certain amount, and then the problem may be solved.
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Complaints, the coordination of work can not be done as much as you want, looking for property.
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There is no way, they are also trying to catch up with the progress of the project
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What should Yao Ming do if the project is all about Yaoming? Report the case to the local police station. I can take care of it. to be able to live a healthy life.
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You can find the project department, and the work should be stopped during non-construction time.
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The solutions to the disturbance of the construction site are as follows:
Civic Services**;
2. You can call 110 City Linkage, which will transfer it to the relevant departments according to the type of noise complaint;
3. You can complain to the local environmental protection department and call "12369" for environmental complaints**;
4. If the noise is generated on the city's main roads, the second ring road, the third ring road and other road traffic systems, complain to the local traffic management department;
5. Negotiate with the person in charge of the construction site and the person in charge of the company, and ask to stop the night construction, or at least reduce the noise of night construction;
6. Go to court to file a lawsuit. If the construction site is still working at night and the noise disturbs the people, you can collect evidence and file a lawsuit in the court to request that the infringement be stopped and compensate for the related losses, such as mental damage, material damage, etc. This is the last and most powerful way to defend rights and recover compensation, and if the negotiation fails, it is necessary to decisively consolidate, collect evidence, and file a lawsuit with the court for recovery.
Legal provisions: Article 15 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution.
Enterprises and institutions that produce environmental noise pollution must maintain the normal use of facilities for the prevention and control of environmental noise pollution; If the environmental noise pollution prevention and control facilities are dismantled or idle, they must be approved by the local people's ** ecological and environmental department at or above the county level where they are located.
Article 16. Units that produce environmental noise pollution shall take measures to control the pollution and pay excessive sewage charges in accordance with national regulations.
The excess sewage charges collected must be used for pollution prevention and control, 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 that are subject to governance within a time limit must complete the governance tasks on time. The time limit for governance is to be decided by the people at or above the county level in accordance with the authority provided for by the people.
The time limit for the management of small enterprises and institutions may be decided by the people at or above the county level within the scope of their authority authorized by the competent department of ecology and environment.
Article 18. The state implements an elimination system for backward equipment with serious environmental noise pollution.
The competent department of comprehensive economic affairs shall, in conjunction with the relevant departments, publish a list of equipment with serious environmental noise pollution that is prohibited from production, sale and import within a time limit.
The producer, seller or importer must stop the production, sale or import of the equipment included in the list specified in the preceding paragraph within the time limit specified by the competent department of comprehensive economic development in conjunction with the relevant departments.
Article 19. If it is necessary to emit occasional strong noise from production activities within the city limits, an application must be submitted to the local public security organ in advance, and it can only be carried out after approval. The local public security organs shall make an announcement to the public.
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Legal analysis: First of all, discuss and coordinate with the person in charge of the construction site, and if the negotiation fails, you can call the police or complain to the local environmental protection bureau. More than 45 decibels at night is considered a nuisance.
According to the relevant laws and regulations, the environmental noise standard in areas dominated by residential, cultural and educational institutions is 55 decibels during the day and 45 decibels at night; According to the relevant laws and regulations, the indoor noise standard of the residence is formulated according to the requirements of quiet life and the environmental noise standard of the area, with reference to the conditions of residential windows, and generally should not be lower than the environmental noise standard of the area by 20 decibels. The indoor standard for residential buildings in China is 10 decibels lower than the ambient noise standard in the area where they are located, because there are more small factories in Chinese cities that are close to the homes. Indoor noise standards for non-residential buildings are specified according to the purpose of the room.
Legal basis: Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution
Article 2 The term "environmental noise" as used in this Law refers to the sound generated in industrial production, construction, transportation and social life that interferes with the surrounding living environment. "Environmental noise pollution" as used 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 63 The meanings of the following terms in this Law are: (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, institutions, scientific research institutes, and residences.
3) "Areas with a concentration of noise-sensitive buildings" refer to medical areas, cultural, educational and scientific research areas, and areas dominated by institutions or residential buildings. (4) "Night" means the period between 22 p.m. and 6 a.m. (5) "Motor Vehicles" means automobiles and motorcycles.
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Legal analysis: If the construction team disturbs the people at night, they can file a complaint with the competent department of ecology and environment. According to the relevant laws and regulations, it is forbidden to carry out construction operations that produce environmental noise pollution at night in the areas where noise-sensitive buildings are concentrated in urban areas, except for emergency repairs, emergency operations and continuous operations that must be carried out due to production process requirements or special needs.
If the construction unit carries out the construction work that is prohibited from producing environmental noise pollution at night in the area where noise-sensitive buildings are concentrated in the urban area, the competent department of ecology and environment of the local people's government at or above the county level where the project is located shall order corrections and may be fined.
Legal basis: Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution
Article 29 Within the urban area of the city, the use of machinery and equipment in the construction process may produce environmental noise pollution, the construction unit must be 15 days before the start of the project to the local people's ** ecological and environmental department at or above the county level where the project is located to declare the project name, construction site and period, possible environmental noise value and environmental noise pollution prevention and control measures taken.
Article 30 In areas where noise-sensitive buildings are concentrated in urban areas, it is forbidden to carry out construction operations that produce environmental noise pollution at night, except for emergency repairs, emergency operations, and continuous operations that must be carried out due to production process requirements or special needs. If it is necessary to operate continuously due to special needs, it must be certified by the people at or above the county level or its relevant competent departments. For night operations provided for in the preceding paragraph, nearby residents must be announced.
Article 56 Where a construction unit violates the provisions of the first paragraph of Article 30 of this Law by carrying out prohibited construction operations that produce environmental noise pollution at night in areas where noise-sensitive buildings are concentrated in urban areas, the competent department of ecology and environment of the local people's government at or above the county level where the project is located shall order corrections and may impose a fine.
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Legal analysis: After 22 o'clock in the evening and before 6 o'clock in the morning, it is considered a disturbance, and you can call the police.
Legal basis: Regulations of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution
Article 21 The construction unit emitting noise to the surrounding living environment shall comply with the environmental noise construction site boundary emission standards stipulated by the State.
Article 23 When the emission of construction noise exceeds the national environmental noise construction site emission standards and endangers the surrounding living environment, the local people's environmental protection department may limit its operating time after reporting to the people's ** at or above the county level for approval.
Article 24: It is forbidden to carry out construction work that produces noise pollution and affects residents' rest at night in residential areas, cultural and educational areas, and recuperation areas, except for emergency repair and emergency operations. If the production process must be operated continuously or due to special needs, it must be approved by the people's environmental protection department at or above the county level.
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1. According to the relevant laws and regulations, the units and individuals who are disturbed by the noise and are harmed by environmental noise pollution have the right to require the perpetrator to eliminate the harm; where losses are caused, compensation shall be made in accordance with law. Disputes over liability and the amount of compensation may be mediated and handled by the competent department of ecology and environment or other supervision and management departments and institutions for the prevention and control of environmental noise pollution at the request of the parties; If mediation fails, the parties may file a lawsuit in the people's court. The parties may also file a lawsuit directly with the people's court. >>>More
You can negotiate with the head of the household, or find a property, and the property will come forward to deal with it. You can also call the police and let the police intervene.
If you can talk to the neighborhood committee and the other party once, but if the negotiation fails, you can appeal to the court, and the neighborhood will pay attention to the neighbors, and the property right unit of the house will repair the sound insulation of the house.
Go to the local labor bureau to apply for work-related injuries, and the personal complaint time is one year, and then the relevant staff will tell you the procedures you need, the most basic is whether there is a de facto labor relationship, which can be obtained through the salary card and attendance records. Then determine that the accident occurred during working hours and at the place of work, this thing needs to find more than two witnesses to testify, and then you can submit the materials as required, if you do not pay work-related injury insurance, when the time comes, depending on the attitude of the factory, you can directly apply for labor arbitration or litigation.
The problem of project arrears is very common, and it is a common problem in the construction market at present. Here are some suggestions for your reference: >>>More