Environmental Science | What are the main enforcement provisions in the new Noise Law?

The newly revised Law of the People's Republic of China on the Prevention and Control of Noise Pollution (hereinafter referred to as the "New Noise Law") was deliberated and passed by the Standing Committee of the National People's Congress on December 24, 2021, and will come into force on June 5, 2022, that is, this year's June Five-Year Environment Day.

In the new "Noise Law", increasing the punishment and optimizing the penalty measures is a major highlight. The first is to increase the penalties for discharging industrial noise without a pollutant discharge permit. The second is to stipulate that if the illegal acts such as the emission of construction noise in excess of the noise emission standard are refused, the construction may be ordered to be suspended. The third is to increase the punishment for the illegal acts of using loudspeakers in social life such as loudspeakers in areas where noise-sensitive buildings are concentrated, and those who refuse to make corrections may impose a fine of not less than 2,000 yuan but not more than 20,000 yuan on the unit. Fourth, it is stipulated that for some illegal acts of noise in social life, persuasion and education shall be carried out first, and corrections shall be ordered, and punishment shall be imposed for those who refuse to make corrections.

So, what are the main enforcement provisions in the new "Noise Law"? Let's learn Xi~

1. Illegal acts in the process of supervision and inspection

Violation of Terms

Paragraph 1 of Article 29 The competent department of ecology and environment and other departments responsible for the supervision and management of noise pollution prevention and control shall have the right to conduct on-site inspections of units or sites that emit noise. The person being inspected shall truthfully report the situation and provide necessary materials, and must not refuse or obstruct. The departments and personnel conducting inspections shall keep confidential the trade secrets learned during the on-site inspections.

Penalty Provisions

Article 71: Where the provisions of this Law are violated by refusing or obstructing supervision and inspection, or by committing fraud when accepting supervision and inspection, the competent department of ecology and environment or other department responsible for the supervision and management of noise pollution prevention and control shall order corrections and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan.

2. Illegal acts in the production, import, sales and use of products, equipment and processes

Violation of Terms

Article 16 The standardization department of the State Council, in conjunction with the departments of development and reform, ecology and environment, industry and informatization, housing and urban-rural construction, transportation, railway supervision and management, civil aviation, maritime affairs and other departments of the State Council, shall conduct noise pollution in accordance with the requirements of the sound environment and the national economy, Technical conditions, in which noise limits are specified in their technical specifications or product quality standards.

The limit value of noise generated by the product during use specified in the preceding paragraph shall be indicated in the relevant technical documents. It is forbidden to manufacture, import or sell products that do not comply with noise limits.

The market supervision and administration departments of the people's governments at or above the county level shall supervise and spot check the products with noise limits produced and sold, and supervise and spot check the noise emitted by special equipment such as elevators when they are used, and the competent departments of ecology and environment shall cooperate.

Penalty Provisions

Article 72, Paragraph 1 Whoever violates the provisions of this Law by producing, importing, or selling products that exceed the noise limit shall be ordered to make corrections by the market supervision and administration department of the people's government at or above the county level and the customs in accordance with their duties, confiscate the illegal gains, and impose a fine of not less than one time but not more than three times the value of the goods;

Violation of Terms

Article 27, Paragraph 3 The producer, importer, seller or user shall stop producing, importing, selling or using the equipment included in the catalogue specified in the preceding paragraph within the prescribed time limit. The adopter of the process shall stop using the process listed in the catalog provided for in the preceding paragraph within the prescribed time limit.

Penalty Provisions

Article 72 Paragraph 2 Whoever violates the provisions of this Law by producing, importing, selling, or using obsolete equipment, or using obsolete technology, shall be ordered to make corrections by the department designated by the people's government at or above the county level, confiscate the illegal gains, and impose a fine of not less than one time but not more than three times the value of the goods;

3. Illegal acts in the process of site selection and construction of noise-sensitive buildings

Violation of Terms

Article 26 The construction of noise-sensitive buildings shall comply with the requirements of the relevant standards for the sound insulation design of civil buildings, and shall not pass the acceptance and delivery of buildings that do not meet the requirements of the standards;

Penalty Provisions

Paragraph 1 of Article 73 In violation of the provisions of this Law, if the construction unit constructs noise-sensitive buildings that do not meet the requirements of the relevant standards for the sound insulation design of civil buildings, the competent department of housing and urban-rural construction of the local people's government at or above the county level shall order corrections and impose a fine of not less than 2% but not more than 4% of the contract price of the construction project. Violation of Terms

Paragraph 2 of Article 52 The construction of new noise-sensitive buildings unrelated to aviation is prohibited in the area where construction is prohibited.

Penalty Provisions

Article 73 Paragraph 2 If, in violation of the provisions of this Law, the construction unit builds a new noise-sensitive building unrelated to aviation in the area where the construction of noise-sensitive buildings is prohibited, the department designated by the local people's government shall order it to stop the illegal acts, impose a fine of not less than 2% but not more than 10% of the contract price of the construction project, and report to the people's government with the right to approve and order it to be demolished.

4. Noise-related violations of industrial enterprises

Violation of Terms

Article 35 Paragraph 2 In areas where noise-sensitive buildings are concentrated, it is forbidden to build new industrial enterprises that emit noise, and where industrial enterprises are rebuilt or expanded, effective measures shall be taken to prevent industrial noise pollution.

Penalty Provisions

Paragraph 1 of Article 74 Where a new industrial enterprise emitting noise is built in an area where noise-sensitive buildings are concentrated, the competent department of ecology and environment shall order it to stop the illegal acts, impose a fine of not less than 100,000 yuan but not more than 500,000 yuan, and report to the people's government with the right to approve and order it to close down.

Violation of Terms

Article 35 Paragraph 2 In areas where noise-sensitive buildings are concentrated, it is forbidden to build new industrial enterprises that emit noise, and where industrial enterprises are rebuilt or expanded, effective measures shall be taken to prevent industrial noise pollution.

Penalty Provisions

Article 74, Paragraph 2 Whoever, in violation of the provisions of this Law, reconstructs or expands an industrial enterprise in an area where noise-sensitive buildings are concentrated, and fails to take effective measures to prevent industrial noise pollution, shall be ordered by the competent department of ecology and environment to make corrections and imposed a fine of not less than 100,000 yuan but not more than 500,000 yuan;

Violation of Terms

Paragraph 2 of Article 36 Units subject to the administration of pollutant discharge permits shall not discharge industrial noise without a pollutant discharge permit, and shall carry out noise pollution prevention and control in accordance with the requirements of the pollutant discharge permit. Paragraph 1 of Article 22 The emission of noise and vibration shall comply with the noise emission standards, relevant environmental vibration control standards and the requirements of relevant laws, regulations and rules.

Penalty Provisions

Article 75 Whoever, in violation of the provisions of this Law, discharges industrial noise without a pollutant discharge permit or in excess of the noise emission standard, shall be ordered by the competent department of ecology and environment to make corrections or restrict production, suspend production for rectification, and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan;

Violation of Terms

Paragraph 1 of Article 38 The unit that implements the management of pollutant discharge permits shall, in accordance with the regulations, carry out self-monitoring of industrial noise, keep the original monitoring records, disclose the monitoring results to the public, and be responsible for the authenticity and accuracy of the monitoring data.

Penalty Provisions

Paragraph 1 of Article 76 Whoever commits any of the following acts in violation of the provisions of this Law shall be ordered by the competent department of ecology and environment to make corrections and shall be fined not less than 20,000 yuan but not more than 200,000 yuan;

(A) the implementation of the pollutant discharge permit management unit in accordance with the provisions of the industrial noise to carry out self-monitoring, did not keep the original monitoring records, or did not disclose the monitoring results to the public;

Violation of Terms

Article 38, Paragraph 2 Key noise pollutant dischargers shall, in accordance with national regulations, install, use and maintain automatic noise monitoring equipment, and network with the monitoring equipment of the competent department of ecology and environment.

Penalty Provisions

Article 76, Paragraph 2 Where any of the following acts are committed in violation of the provisions of this Law, the competent department of ecology and environment shall order corrections and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan;

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(2) The key noise pollutant discharging unit fails to install, use, and maintain automatic noise monitoring equipment in accordance with national regulations, or fails to network with the monitoring equipment of the competent department of ecology and environment.

5. For construction noise-related illegal acts that violate the first paragraph of Article 22 of Article 22 to discharge noise and generate vibration, they shall comply with the noise emission standards and relevant environmental vibration control standards and the requirements of relevant laws, regulations and rules. Penalty Article 77, Paragraph 1 In violation of the provisions of this Law, if the construction unit or construction unit commits any of the following acts, the department designated by the people's government where the project is located shall order it to make corrections and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan; ...... Violation of Article 43 In areas where noise-sensitive buildings are concentrated, it is forbidden to carry out construction work that generates noise at night, except for emergency repair and emergency construction operations, and continuous construction operations must be carried out due to production process requirements or other special needs.

If continuous construction operations are necessary due to special needs, a certificate shall be obtained from the competent department of housing and urban-rural construction, ecology and environment of the local people's government or the department designated by the local people's government, and it shall be publicized in a conspicuous position on the construction site or by other means to nearby residents. Penalty Article 77, Paragraph 2 If a construction unit or construction unit commits any of the following acts in violation of the provisions of this Law, the department designated by the people's government where the project is located shall order it to make corrections and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan;

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(2) Failing to obtain a certificate in accordance with the provisions of the construction work that generates noise at night in the area where noise-sensitive buildings are concentrated. Violation of Article 40, Paragraph 1 The construction unit shall, in accordance with the regulations, include the noise pollution prevention and control costs in the project cost, and clarify the noise pollution prevention and control responsibilities of the construction unit in the construction contract. Paragraph 1 of Article 78 of the Penalty Clause Whoever commits any of the following acts in violation of the provisions of this Law shall be ordered to make corrections by the department designated by the people's government where the project is located and shall be fined not less than 5,000 yuan but not more than 50,000 yuan;

(A) the construction unit is not in accordance with the provisions of the noise pollution prevention and control costs included in the project cost;

...... Violation of Article 40, Paragraph 2 The construction unit shall formulate an implementation plan for the prevention and control of noise pollution in accordance with the regulations, and take effective measures to reduce vibration and noise. The construction unit shall supervise the implementation of the implementation plan for the prevention and control of noise pollution. Penalty Article 78, Paragraph 2 Whoever commits any of the following acts in violation of the provisions of this Law shall be ordered to make corrections by the department designated by the people's government where the project is located and shall be fined not less than 5,000 yuan but not more than 50,000 yuan;

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(2) The construction unit fails to formulate an implementation plan for the prevention and control of noise pollution in accordance with regulations, or fails to take effective measures to reduce vibration and noise;

...... Article 42 In the construction operation in the area where noise-sensitive buildings are concentrated, the construction unit shall, in accordance with the provisions of the State, set up an automatic noise monitoring system, network with the supervision and management department, keep the original monitoring records, and be responsible for the authenticity and accuracy of the monitoring data. Penalty Article 78, Paragraph 3 Whoever commits any of the following acts in violation of the provisions of this Law shall be ordered to make corrections by the department designated by the people's government where the project is located and shall be fined not less than 5,000 yuan but not more than 50,000 yuan;

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(3) The construction unit that constructs in the area where noise-sensitive buildings are concentrated does not set up an automatic noise monitoring system in accordance with national regulations, does not network with the supervision and management department, or does not keep the original monitoring records;

...... Violation of Article 43 In areas where noise-sensitive buildings are concentrated, it is forbidden to carry out construction work that generates noise at night, except for emergency repair and emergency construction operations, and continuous construction operations must be carried out due to production process requirements or other special needs.

If continuous construction operations are necessary due to special needs, a certificate shall be obtained from the competent department of housing and urban-rural construction, ecology and environment of the local people's government or the department designated by the local people's government, and it shall be publicized in a conspicuous position on the construction site or by other means to nearby residents. Penalty Article 78, Paragraph 4 Whoever commits any of the following acts in violation of the provisions of this Law shall be ordered to make corrections by the department designated by the people's government where the project is located and shall be fined not less than 5,000 yuan but not more than 50,000 yuan;

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(4) Due to special needs, continuous construction operations must be carried out, and the construction unit fails to announce nearby residents in accordance with regulations.

6. Violation of the first paragraph of Article 48 for traffic noise-related illegal acts When motor vehicles, railway rolling stock, urban rail transit vehicles, motor ships and other means of transportation are in operation, horns and other sound devices shall be used in accordance with regulations. Article 49 The competent department of ecology and environment of the local people's government, in conjunction with the public security organs, may, in accordance with the needs of the protection of the sound environment, delineate the road sections and times where motor vehicles are prohibited from driving and using horns and other sound devices, announce them to the public, and the traffic management departments of the public security organs shall set up relevant signs and markings in accordance with law. Penalty Article 79.1 In violation of the provisions of this Law, driving a motor vehicle that has been modified without authorization, such as removing or damaging a muffler, installing an exhaust pipe, etc., roaring or speeding away, failing to use a sound device in accordance with the provisions when the motor vehicle is in operation, or violating the road section and time regulations on which a motor vehicle is prohibited from driving and using a sound device, shall be punished by the traffic management department of the public security organ of the local people's government at or above the county level in accordance with the relevant laws and regulations on road traffic safety. Violation of Article 48, Paragraph 1 When motor vehicles, railway rolling stock, urban rail transit vehicles, motor vessels and other means of transport are in operation, horns and other sound devices shall be used in accordance with regulations. Penalty Clause Article 79, Paragraph 2 Whoever, in violation of the provisions of this Law, fails to use sound devices in accordance with the provisions when operating railway rolling stock, urban rail transit vehicles, motor vessels and other means of transport, shall be ordered to make corrections by the departments of transportation, railway supervision and administration, maritime affairs and other departments or the relevant departments of urban rail transit designated by the local people's government in accordance with their duties and shall be fined not less than 5,000 yuan but not more than 10,000 yuan. Violation of Article 51, Paragraph 1 Highway maintenance and management units and urban road maintenance and repair units shall strengthen the maintenance and maintenance of highways and urban roads, and maintain the normal operation of facilities that reduce vibration and noise. Penalty Article 80, Paragraph 1 Where any of the following acts are committed in violation of the provisions of this Law, the departments of transportation, railway supervision and administration, civil aviation, or the relevant departments of urban roads and urban rail transit designated by the local people's government shall, in accordance with their duties, order corrections and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan, and if they refuse to make corrections, they shall be fined not less than 50,000 yuan but not more than 200,000 yuan:

(1) Highway maintenance and management units, urban road maintenance and repair units, urban rail transit operation units, and railway transport enterprises fail to perform maintenance and maintenance obligations, and fail to maintain the normal operation of vibration and noise reduction facilities; ...... Violation of Article 51, Paragraph 2 Urban rail transit operating units and railway transport enterprises shall strengthen the maintenance and maintenance of urban rail transit lines and urban rail transit vehicles, railway lines and railway rolling stock, maintain the normal operation of vibration and noise reduction facilities, and monitor them in accordance with national regulations, keep the original monitoring records, and be responsible for the authenticity and accuracy of the monitoring data. Penalty Article 80, Paragraph 2 Whoever commits any of the following acts in violation of the provisions of this Law shall be ordered to make corrections by the departments of transportation, railway supervision and administration, civil aviation, or the relevant departments of urban roads and urban rail transit designated by the local people's government in accordance with their duties, and shall be fined not less than 5,000 yuan but not more than 50,000 yuan, and if they refuse to make corrections, they shall be fined not less than 50,000 yuan but not more than 200,000 yuan:

...... (2) The urban rail transit operation unit or railway transport enterprise fails to conduct monitoring in accordance with national regulations, or fails to keep the original monitoring records; ...... Violation of Article 54, Paragraph 1 The civil airport management agency shall be responsible for the management of aircraft noise taking off and landing at airports, and shall take measures such as low-noise flight procedures, take-off and landing runway optimization, flight and time period control, operation restrictions on high-noise aircraft or sound insulation and noise reduction of surrounding noise-sensitive buildings in conjunction with air transport enterprises, general aviation enterprises, air traffic management departments and other units to prevent and reduce noise pollution from civil aircraft. Penalty Article 80.3 Whoever commits any of the following acts in violation of the provisions of this Law shall be ordered to make corrections in accordance with their duties and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan if they refuse to make corrections, and if they refuse to make corrections, they shall be fined not less than 50,000 yuan but not more than 200,000 yuan:

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(3) Civil airport management agencies, air transport enterprises, and general aviation enterprises fail to take measures to prevent or reduce noise pollution from civil aircraft;

...... Violation of Article 54, Paragraph 2 The civil airport management agency shall, in accordance with the provisions of the State, monitor the noise of civil aircraft around the airport, keep the original monitoring records, be responsible for the authenticity and accuracy of the monitoring data, and regularly report the monitoring results to the competent departments of civil aviation and ecology and environment. Penalty Article 80.4 Whoever commits any of the following acts in violation of the provisions of this Law shall be ordered to make corrections by the departments of transportation, railway supervision and administration, civil aviation, or the relevant departments of urban roads and urban rail transit designated by the local people's government, in accordance with their duties, and shall be fined not less than 5,000 yuan but not more than 50,000 yuan, and if they refuse to make corrections, they shall be fined not less than 50,000 yuan but not more than 200,000 yuan:

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(4) The civil airport management agency fails to monitor the noise of civil aircraft around the airport in accordance with national regulations, fails to keep the original monitoring records, or fails to report the monitoring results on a regular basis.

7. Noise emission and vibration in violation of Article 22, Paragraph 1 of Article 22 for illegal acts related to noise in social life shall comply with noise emission standards, relevant environmental vibration control standards and the requirements of relevant laws, regulations and rules. Penalty Article 81, Paragraph 1 Whoever commits any of the following acts in violation of the provisions of this Law shall be ordered to make corrections by the department designated by the local people's government and shall be fined not less than 5,000 yuan but not more than 50,000 yuan;

...... Violation of Article 63, Paragraph 1 It is forbidden to use loudspeakers or other methods of continuous and repeated loud noise for advertising in commercial activities. Penalty Article 81, Paragraph 2 Whoever commits any of the following acts in violation of the provisions of this Law shall be ordered to make corrections by the department designated by the local people's government and shall be fined not less than 5,000 yuan but not more than 50,000 yuan;

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(2) Using loudspeakers or other methods of continuously and repeatedly emitting high noise for advertising in commercial business activities;

...... Violation of Article 63, Paragraph 2 The operator shall take effective measures to prevent noise pollution from other noises generated in commercial business activities. Penalty Article 81, Paragraph 3 Whoever commits any of the following acts in violation of the provisions of this Law shall be ordered to make corrections by the department designated by the local people's government and shall be fined not less than 5,000 yuan but not more than 50,000 yuan;

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(3) Failure to take effective measures to cause noise pollution due to other noise generated in commercial business activities. Violation of Article 64, Paragraph 1 It is forbidden to use loudspeakers in areas where noise-sensitive buildings are concentrated, except in emergency situations and special circumstances stipulated by local people's governments. Penalty Article 82, Paragraph 1 Whoever commits any of the following acts in violation of the provisions of this Law shall be persuaded and educated by the department designated by the local people's government and ordered to make corrections;

(1) The use of loudspeakers in areas where noise-sensitive buildings are concentrated;

...... Violation of Article 64, Paragraph 2 In the streets, squares, parks and other public places to organize or carry out entertainment, fitness and other activities, shall comply with the regulations of the public place manager on the activity area, time period, volume, etc., and take effective measures to prevent noise pollution; Paragraph 2 of Article 82 of the Penalty Clause Whoever commits any of the following acts in violation of the provisions of this Law shall be persuaded and educated by the department designated by the local people's government and ordered to make corrections;

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(2) Organizing or carrying out entertainment, fitness, and other activities in public places, failing to comply with the regulations of the managers of public places on activity areas, time periods, volume, and so forth, failing to take effective measures to cause noise pollution, or using audio equipment in violation of regulations to produce excessive volume;

...... Article 66 Interior decoration activities of residential buildings, shops, office buildings and other buildings that have been completed and delivered for use shall be limited in accordance with regulations, and effective measures shall be taken to prevent and reduce noise pollution. Penalty Article 82, Paragraph 3 Whoever commits any of the following acts in violation of the provisions of this Law shall be persuaded and educated by the department designated by the local people's government and ordered to make corrections;

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(3) Carrying out interior decoration activities on buildings that have been completed and put into use, failing to carry out them within the specified operating time in accordance with regulations, or failing to take effective measures to cause noise pollution;

...... Article 61 The operators and managers of cultural entertainment, sports, catering and other establishments shall take effective measures to prevent and reduce noise pollution. Article 62 Enterprises, public institutions, and other business managers that use equipment and facilities such as air conditioners, cooling towers, water pumps, fume purifiers, fans, generators, transformers, boilers, and loading and unloading equipment that may produce noise pollution in social life shall take measures such as optimizing the layout and centralized discharge to prevent and reduce noise pollution. Article 65, paragraph 2: The use of household appliances, musical instruments, or other household activities shall be carried out in controlled volume or other effective measures shall be taken to prevent noise pollution. Penalty Article 82, Paragraph 4 Whoever commits any of the following acts in violation of the provisions of this Law shall be persuaded and educated by the department designated by the local people's government and ordered to make corrections;

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(4) Other violations of legal provisions that cause noise pollution in social life. Violation of Article 67, Paragraph 1 The real estate developer and operator of a newly constructed residential housing shall publicize the situation that the housing may be affected by noise and the prevention and control measures taken or proposed to be taken at the sales site, and include them in the sales contract. Penalty Article 83, Paragraph 1 Whoever commits any of the following acts in violation of the provisions of this Law shall be ordered to make corrections by the real estate management department of the local people's government at or above the county level and shall be fined not less than 10,000 yuan but not more than 50,000 yuan;

(1) The real estate developer and operator of the newly built residential housing fails to publicize the situation that the housing may be affected by noise and the prevention and control measures adopted or proposed to be taken at the sales site, or is not included in the sales contract;

...... Violation of Article 67, Paragraph 2 The real estate developer and operator of a newly constructed residential housing shall specify in the sales contract the location of the common facilities and equipment of the housing and the sound insulation of the building. Penalty Article 83, Paragraph 2 Whoever commits any of the following acts in violation of the provisions of this Law shall be ordered to make corrections by the real estate management department of the local people's government at or above the county level and shall be fined not less than 10,000 yuan but not more than 50,000 yuan;

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(2) The real estate developer or operator of the newly built residential housing fails to specify in the sales contract the location of the common facilities and equipment of the housing or the sound insulation of the building. Violation of Article 68, Paragraph 1 Where elevators, pumps, transformers and other common facilities and equipment are installed in residential areas, the construction unit shall reasonably set them up, take measures to reduce vibration and noise, and meet the requirements of the relevant standards for sound insulation design of civil buildings. Penalty Article 84, Paragraph 1 Whoever commits any of the following acts in violation of the provisions of this Law shall be ordered to make corrections by the department designated by the local people's government and shall be fined not less than 5,000 yuan but not more than 50,000 yuan, and shall be fined not less than 50,000 yuan but not more than 200,000 yuan if he refuses to make corrections:

(A) the installation of common facilities and equipment in residential areas, the installation is unreasonable or measures to reduce vibration and noise are not taken, and do not meet the requirements of the relevant standards for sound insulation design of civil buildings;

...... Violation of Article 68, Paragraph 2 The professional operating unit shall be responsible for the maintenance and management of the elevators, water pumps, transformers and other common facilities and equipment in residential areas that have been completed and used, and shall meet the requirements of the relevant standards for sound insulation design of civil buildings. Penalty Article 84, Paragraph 2 Whoever commits any of the following acts in violation of the provisions of this Law shall be ordered to make corrections by the department designated by the local people's government and shall be fined not less than 5,000 yuan but not more than 50,000 yuan, and those who refuse to make corrections shall be fined not less than 50,000 yuan but not more than 200,000 yuan:

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(2) For the common facilities and equipment of residential areas that have been completed and used, the professional operating unit has not carried out maintenance and management, and does not meet the requirements of the relevant standards for the sound insulation design of civil buildings.

Source: Shanghai Environment