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Noise Regulations of Liberia No 2-17

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100% found this document useful (1 vote)
415 views37 pages

Noise Regulations of Liberia No 2-17

Uploaded by

grmorris
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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REPUBLIC OF LIBERIA

ENVIRONMENTAL PROTECTION AGENCY

Noise Pollution Control & Standards Regulation

2017
REGULATORY INSTRUMENT

ENVIRONMENT PROTECTION AGENCY

Instrument: Noise Pollution Control & Standards Regulation, 2017


Instrument no: RI/C&E/002/04-17
Prepared by: EPA/ERS/IEIATRC
Approved by: Management Team/Executive Director, EPA
Effective date: 07/04/2017

Environmental Protection Agency


Noise Pollution Control & Standards Regulation, 2017

of the

THE ENVIRONMENT PROTECTION & MANAGEMENT LAW OF


LIBERIA 2003(Sections 41, 42 & 43)
TABLE OF CONTENT

PART I– PRELIMINARY
Short Title.
1. Interpretation.
2. Objectives of the Regulations
PART II - GENERAL PROHIBITIONS
3. Establishment of Permissible Noise Levels & Standards.
4. Permissible noise levels (Relevant Schedules).
5. Measurements to Control Noise (Environment Inspectors, City & Town Inspectorates)
6. Joint Implementation (Environment Inspectors & City & Town Inspectorates Or Authorized Person)
7. Guidelines for Measurement and Control.
PART III - NOISE CONTROL PROVISIONS
8. General Prohibitions of generation of noise and vibrations by place and time.
9. Standards
10. Exemptions
11. Hawkers, peddlers, touts street preachers.
12. Public Nuisances of Noise
13. Noise from Radio, TV, sound sonic and amplifying devices
14. Reference to Any Person in respect to public and private property 15.Exemptions for permitted
public events
16. Parties and social events.
17. Parties& Social Events
18. Responsibility of occupier of premises on noise levels from household equipment
19. By- Laws
20. Noise Standards & Levels for
Machinery, Automobiles & Construction Equipment
21. Noise limits for automobiles & Traffic laws
22. Noise, excessive vibrations from construction, demolition, mining or quarrying sites.
23. Noise in workplaces
24. Environmental Impact Assessment.

PART IV: COMPLIANCE & ENFORCEMENT


25. Noise Control Orders & Improvement notice.
26. Closure
27. Rendering an Operating Equipment Immobile
28. Power to seize, confiscate machinery
29. Costs of Impoundment & Storage
30. Request for restitution of Property
31. Forfeiture
32. Restitution of property
33. Public Complaints
34. Abatement of Noise Upon Complaint
35. General Civil Action for noise
36. Action Against Noise as per Reg.34-35
PART V: PERMIT FOR NOISE & VIBRATIONS IN EXCESS OF PERMISSIBLE
LEVELS
37. Application for a Permit in commercial and residential areas
38. Public Address Systems
39. Requirements for a Permit Application
40. Forms for Permit Applications
41. Permit Application to be made to the City & Town Councils.
42. Period of Permit
43. Factors to be considered in determining the Application for a Permit
44. Period for Processing a Permit
45. Period of Permit
PART VI: ACTIVITIES & PROJECTS TO BE PERMITTED BY THE AGENCY
46. Activities to be Permitted by Agency - fireworks, demolition, construction, firing ranges and specific
heavy duty industry Requirements
47. Prescribed Form of Permit Application
48. Period for applying for a Permit
49. Prohibitions of work without a permit
50. Additional powers to the Municipal Council or lead agencies.
51. Further Conditions of Councils & Lead Agencies
52. Issuance of Permit by the Agency
53. Period of Permit
54. Revocation of Permit
55. Offences
56. Magistrates court with jurisdiction in criminal offences of these Regulations
57. Appeals On Permit
PART VII: MAPPING OF ZONES FOR NOISE AND EXCESSIVE VIBRATIONS
CONTROL & ACTION PLANS
58. Strategic noise and excessive vibrations mapping in each county
59.Review of strategic noise and excessive vibrations mapping.
60. Action plans
61. Action Plans (Continued)
62. Action Plans (Continued)
63. Action Plans (Continued)
PART VIII: PUBLIC CONSULTATIONS
64. Public Consultations
65. Public Consultations(Continued)
PART IX: ENFORCEMENT BY VIRTUE OF BY-LAWS PART X: TRANSITION
66. Enforcement by virtue of By-Laws
67. Transitional Provisions
68. Public Information on Regulations
SCHEDULES
First Schedule – Part 1- Maximum Permissible Intrusive Noise Levels
Second Schedule– Noise limits for automobiles (from at 7.5 meter in dB(A) at the manufacturing
stage)
Third Schedule - Domestic appliances and construction equipment at the manufacturing stage
Fourth Schedule - Maximum Permissible Noise Levels for Construction Sites
Fifth Schedule – Maximum Permissible Noise Levels for Mines and Quarries
Sixth Schedule– Application for a Permit to Emit Noise/ Vibrations in Excess of Permissible
Levels
Seventh Schedule–Permit to Emit Noise/ Vibrations in Excess of Permissible Levels
Eighth Schedule – Application for a Permit to Carry out Activities
Ninth Schedule - Permit to Emit Noise in Excess
Tenth Schedule - Minimum Requirements for Strategic Noise and Excessive Vibrations
Mapping
Eleventh Schedule – Minimum Requirements for Action Plans
Twelfth Schedule – Improvement Notice
Eleventh Schedule – Fees
Twelfths

IN EXERCISE of the powers conferred by the Environmental Protection &


Management Act (Section 41, 42 & 43), the Environment Protection Agency makes
the following Regulations:-

NOISE POLLUTION CONTROL & STANDARDS REGULATIONS, 2009


PART I - PRELIMINARY PROVISIONS
1. These Regulations may be cited as the Noise Pollution
Control & Standards Regulations, 2009.
2. In these Regulations, unless the context otherwise requires-
Short Title. “Act” means the Environment Protection & Management Law of
Liberia 2003;
“action plan” means a plan designed for the purpose of
managing noise or excessive vibrations and their effects,
including reduction of noise or excessive vibrations ;
“Agency” means the Environment Protection Agency
Interpretation. established under Section 4 of the Environment Protection
Agency Act 2003; “commercial zone” means any place where
goods and services are exchanged, bought or sold;
“construction” includes erection, alteration, repair, dismantling,
demolition, structural maintenance, painting, mowing, land
clearing, earth-moving, landscaping, grading, excavating,
laying of pipes and conduits whether above or below ground
level, road, railway and highway building, concreting,
installation and alteration of equipment, and the structural
installation of construction components and materials in any
form or for any purpose that includes any work in connection
with the construction; “dB(A)” means decibels of noise,
measured with an A-weighted filter;
“decibel” means a dimensionless unit used in comparison of the
magnitude of sound pressure or power;
“intermittent noise” means a noise whose level suddenly drops
to several times the level of the background noise;
“intrusive noise” means external noise, or noise from another
part of the building, which penetrates the structural borders of
a room or building;
“Line Ministry or lead agency” means any Government
ministry, department, parastatal, state corporation or local
Agency, in which any law vests functions of control or
management of any element of the environment or natural
resources;
“mapping” means the presentation of data on an existing or
predicted noise or excessive vibration situation, indicating
breaches of any relevant limit value in force, the number of people
affected in a certain area or the number of dwellings exposed to
certain values of noise or excessive vibration limit in a certain
area;
"local council" means a city, town councils and administrative unit
established in the Counties;
“mapping–body” means a noise-mapping or excessive vibration-
mapping body as designated in these Regulations;
“noise” means any undesirable sound that is intrinsically
objectionable or that may cause adverse effects on human health or
the environment.
“noise pollution” means the emission of uncontrolled noise that is
likely to cause danger to human health or damage to the
environment.
“place of entertainment” means premises or any other place where
activities including amusement, enjoyment, playing of music,
dancing, performing of shows take place;
“property boundary” means the surveyed line at ground surface
which separates the facility owned, rented or leased by one or more
persons from any other such facilities.
“silent zone” means designated area that includes health facilities,
educational and research institutions, courts, and any other area
declared as such by the Agency;
“sound” means an oscillation in pressure, particle displacement,
particle velocity or other physical parameter in a medium with
internal forces that causes compression and rarefaction of that
medium. “sound source” means any person or thing from which
sound is emitted
“Environmental Court" means the Environmental Administrative
Court established under Section (32) of the Environmental
Protection Agency Act.
“vibration” means an oscillatory motion of solid bodies of
deterministic or random nature described by displacement, velocity
or acceleration with respect to a given reference point.
"excessive vibration" means the presence of vibration which :- (a)
is of such intensity, duration, frequency or characteristic as to
annoy, disturb, or cause or tend to cause adverse psychological or
physiological effects on persons, or to damage or tend to damage
personal or real property; and,
(b) exceeds 0.5 centimeter per second beyond any source property
boundary or 30 meters from any moving source.

3. The Objectives of these Regulations are to ensure the


maintenance of a healthy environment for all people in Liberia, the
tranquility of their surrounding and their psychological well-being
by prescribing standards, regulating noise and vibration levels, and
to improve the standard of living by -

1)Providing standards for noise and vibrations


Objectives of the 2) Prescribing the maximum permissible noise and
Regulations
vibrations levels from a facility or activity to which a person
may be exposed;
3) Providing for the control of noise and for mitigating
measures for the reduction of noise;
4) Giving effect to Section 41, 42 and 43 of the Act.

Part II: NOISE STANDARDS, GENERAL PROHIBITIONS,


MEASUREMENTS, CONTROL & EXEMPTIONS

4. Permissible noise and vibrations levels shall be in accordance


with and shall not exceed those set in the First Schedule to these
Regulations and the levels shall apply as follows:
1) The maximum noise levels from a facility in the
general environment specified in Column 1 (Residential
Areas, hospitals) of Part I of the First Schedule to which
Establishment of a person may be exposed shall not exceed the level
Permissible Noise Level
Standards.
specified in Column 2 of that Part for the time specified
in that Part.
Permissible noise levels. 2) The maximum noise levels of continuous or
intermittent noise from a factory or a workshop, to which
person may be exposed shall not exceed the level
specified in Column 1 of Part II of the First Schedule, for
the time specified in Columns 2 and 3 of that Part.
3) The maximum noise level from impact or impulsive
noise to which a person may be exposed shall be as
specified in column 1 of Part III of the First Schedule for
the permitted number of impulses or impacts emitted per
day specified in Column 2 of that Part.
4) The maximum noise level from a construction site to
which a person in a facility specified in Column 1 of Part
IV of the First Schedule may be exposed, shall not exceed
the level specified in Column 2 during the time specified
in that Part.
5) The maximum noise level from a public
announcement system or address system or device to
which a person in the Noise Control Zone specified in
Column 1 of Part V of the First Schedule may be exposed,
shall not exceed the level specified in Column 2 during
the time specified in that Part.
6) The maximum noise level from a place of
entertainment or establishment to which a person in the
Noise Control Zone specified in Column 2 of Part VI of
the First Schedule may be exposed, shall not exceed the
level specified in Column 2 during the time specified in
that Part.
7)The maximum noise level from a place or area of
worship to which a person in the Noise Control Zone
specified in Column 1 of Part VII of the First Schedule
may be exposed shall not exceed the level specified in
Column 2 during the time specified in that Part.

8) The maximum noise level from an accelerating


vehicle to which a person may be exposed in the category
specified in Column 1 of Part, VIII of the First Schedule
shall not exceed the level specified in Column 2 of that
Part.
9) The maximum noise level from a quarry or mine to
which a person in the facility specified in Column 1 of
Part IX of the First Schedule may be exposed shall not
exceed the level specified in Column 2 of that Part.

Measurements to Control 5. Measurements shall be taken by the Environment Inspectors,


Noise City police or the Lead Agency as may be appropriate as provided
By Environment
Inspectors for in these Regulations.
6. In cases where there are city police or relevant lead agency
to take the measurements, or where the Local Authority has failed
City & Town
Inspectors to
to take action after being given reasonable notice by the Agency,
Jointly the measurement shall be taken by a person duly authorized by the
Implement Agency, who is knowledgeable in the proper use of the measuring
For
Measurement and equipment.
Control. 7. The Agency in consultation with the relevant authorities
shall issue guidelines for the measurement of noise and excessive
Guidelines for vibration.
measurements

PART III: NOISE CONTROL PROVISIONS

8. Except as otherwise provided in these Regulations, no


person shall make or cause any loud, unreasonable, unnecessary
General
Prohibitions of
or unusual noise, and, excessive vibrations which annoys, disturbs,
generation of noise and injures or endangers the comfort, repose, health or safety of others
vibrations by and the environment.
place and time.
9. In determining whether noise or vibration is loud,
unreasonable, unnecessary or unusual, the following factors shall
Standards be considered: -
a) the Standards established by these Regulations
b) time of the day;
c) proximity to residential area;
d) whether the noise or vibration is recurrent,
intermittent or constant;
e) the level and intensity of the noise;
f) whether the noise or vibration has been enhanced in
level or range by any type of electronic or mechanical
means; and,
g) Whether the noise or vibration can be controlled
without much effort or expense to the person making the
noise.

10. These Regulations shall not be applicable to: -


a)the emission of noise for the purpose of alerting persons
to

Exemptions the existence of an emergency;


b) noise caused by the operation of a loudspeaker or
siren for fire brigade, ambulance or police purposes or other
emergency response;
c) noise caused in connection with the protection of the
health and safety of residents or their property during
emergency conditions;
d) Parades, national and cultural events.
e) Noise caused by a person as a result of temporary or
accidental cause which could not have been prevented by
the exercise of due diligence and care on the part of that
person;
f) Noise caused by the horn of a vehicle for the purpose
of giving sufficient warning of the approach or position of
the vehicle;
Hawkers, peddlers, touts 11. No person shall-
street
preachers.
a) Preach, tout, advertise, promote or sell any goods; or
b) engage in any commercial activity, in such manner
as to emit noise by shouting within the Central Business
Public Zone of any city, town, a residential area, a silent zone,
Niusances of
Noise or any other area declared as a silent zone by the
Agency,
12. No person shall cause annoyance, disturbance resulting in
public nuisance in a Central Business Zone of any city, town, a
residential area or Silent Zone by acts, which include the
following –
Noise from
Radio, TV, sound sonic (a) yelling, laughing, clapping, shouting, hooting, pounding,
and amplifying devices whistling and singing;
(b) selling or advertising by shouting or outcry or amplified
sound;
13. No person shall use or operate any radio, cell phone, mobile
or receiving set, musical instrument, phonograph, television set,
any other machine or device for the producing or reproducing of
sound or any other sound-amplifying equipment in a loud,
annoying or offensive manner such that the, noise from the device-
a) interferes with the comfort, repose, health or safety of
References to
members of the public;
b) creates a risk thereof, within any building or, outside
of a building, at a distance of 20 meters or more from the
source of such sound;
c) or interferes with the conversation of members of the
public who are 20 meters or more from the source of such
sound.
2) Any person who contravenes these Regulations commits an
offence.
14. For the purposes of these Regulations, “person” includes -
a)in the case of an offence that occurs on any public property
where permission was obtained to use that public property,
the person or persons who obtained permission to utilize that
property for that event.
Any Person b) in the case of an offence that occurs on private
In Respect to public and
private property, any adult person or persons who live in or on the
property property that is involved in the offence;
c) and in the case of an offence that occurs after granting
of a permit pursuant to this Regulation, the person or
persons who are listed in the permit.
15. Provided that these provisions shall not be construed to
Exemptions for permitted prohibit the selling by shouting of merchandise, food and beverages
public events at permitted sporting events, parades, fairs, and other similar
permitted public entertainment events.
16. Any person in charge of a party or other social event which
occurs on any private or public property shall ensure that the party
or event does not produce noise in a loud, annoying or offensive
Parties and social events. manner such that noise from the party interferes with the comfort,
repose, health or safety of members of the public within any
building or, outside of a building, or recklessly creates the risk
thereof, at a distance of 30 meters or more from the source of such
sound.
17. For the purposes of this Regulation, a "person in charge of a
party or other social event"-
1) in a public property shall include the person or persons
who obtained permission to utilize that property for that
event and who are listed in the permit;
2) on private property shall include the person who owns
the premises involved and any adult person who lives in or
Responsibility of occupier on the premises involved in such party or social event;
of
premises on
18. No person shall use any sound-amplifying equipment in their
noise levels premises in such a way that such equipment is or is likely to be
from household heard outside of any building between 8:00 p.m. of any day and
equipment
7:30 a.m. of the next day, without a valid permit.
By- Laws 19. The municipal authorities shall in consultations with the
Agency promulgate by-laws to regulate hawkers, peddlers, touts,
street preachers and public nuisances, and shall regulate noise
relating to sound amplifying equipment specified in these
Noise Standards & Levels Regulations.
for 20. Any person wishing to-
Machinery,
Automobiles & 1) operate or repair any machinery, motor vehicle,
Construction construction equipment or other equipment, pump, fan, air-
Equipment conditioning apparatus, domestic appliances or similar
mechanical device;
2) engage in any commercial or industrial activity, which
is likely to emit noise or excessive vibrations; shall carry out
the activity or activities within the relevant noise levels
prescribed in the Schedules 2 to these Regulations.
21.1) No person shall operate a motor vehicle which: -
a) produces any loud and unusual sound; and
2)exceeds limits specified in Schedule2.

Noise limits for 3) No person shall at any time sound the horn or other
automobiles &
Transport & warning device of a vehicle except when necessary to prevent
Traffic laws an accident or an incident.
Regulations
4) The Transport Ministry shall ensure that the transport
and traffic laws are promulgated to apply to this Regulation.
5) Any person who contravenes the provisions of this
Regulation commits an offence.

22. 1) No person shall operate construction equipment


Noise, excessive vibrations (including but not limited to any pile driver, steam shovel,
from pneumatic hammer, derrick or steam or electric hoist) or perform
construction, demolition,
mining or any outside construction or repair work so as to emit noise in
Quarrying sites. excess of the permissible levels as set out in the Second Schedule
to these Regulations.
2)Where defined work of construction, demolition, mining or
quarrying is to be carried out in an area, the Agency may impose
requirements on how the work is to be carried out including but
not limited to requirements regarding: -
a) machinery that may be used,
b) and the permitted levels of noise as stipulated in
Schedule One to these Regulations.
c) The relevant lead agency shall ensure that mines and
quarries where explosives and machinery used are located in
designated areas and not less than two kilometers away
from human settlements.
d) Any person who contravenes this Regulation commits
an offence.
e) This Regulation shall not apply to: -
a) any work of an emergency nature;
b) work of a domestic nature on buildings,
structures or projects being undertaken by a person
residing in such premises; or
c) public utility construction, or, with respect to
construction of public works, projects exclusively
relating to roads, bridges, airports, public schools and
sidewalks
f) Provided that, if any domestic power tool, including,
but not limited to mechanically powered saws, sanders,
grinders and lawn and garden tools used outdoors, is
operated during the nighttime hours, no person shall operate
such machinery so as to cause noise within a residential
building or across a residential real property boundary
where such noise interferes with the comfort, repose, health
or safety of members of the public within any building or,
outside of a building, at 10 meters or more from the source
of the sound.
23.The provisions of the Labor laws, The Factories and Other
Noise in workplaces Places of Work Laws shall apply to these Regulations.
24.Any person intending to carry out construction, demolition,
mining or quarrying work shall, during the preparation of the
Environmental and Social Impact Assessment(ESIA) Report
studies-
Environmental 1) identify the public and communities, natural habitats,
Impact land uses or activities which may be affected by noise or
Assessment.
excessive vibrations from the construction, demolition,
mining or quarrying;
2) determine the measures which are needed in the plans
and specifications to minimize or eliminate adverse
construction, demolition, mining or quarrying noise or
vibration impacts; and
3) Incorporate the needed noise abatement measures in
the plans and specifications.

PART IV: COMPLIANCE & ENFORCEMENT

25.1) Where an Environmental Inspector has reasonable cause


to believe that any person is emitting or is likely to emit noise
in any area in excess of the maximum permissible noise
levels, or to cause or likely to cause annoyance, the
Noise Control Orders & Environmental Inspector may serve an compliance notice on
Improvement notice. that person in the form prescribed in the Schedule, ordering
all or any of the following: -
a) the stopping of the noise or prevention or
discontinuance of any annoyance, or prohibiting or
restricting its occurrence or reoccurrence;
b) compliance with the permissible noise levels; the
reduction of the level of noise emanating from the premises
to a level as may be specified in the notice;
c)
d) compel a local council to take measures to prevent,
discontinue or stop the emission of the noise;
e) issue such directions intended to contribute to the
reduction of emission of excessive noise from or within the
vicinity of a specified area; the execution of such works, and
the taking of such steps, as may be specified in the notice; or
carrying out of any other order as may be issued.
2) Where it appears to the Environmental Inspector that
the level of noise emanating from any premises or area is
not acceptable or is causing a public nuisance, the inspector
may issue an compliance notice, for the benefit of the
public.
3) An improvement notice shall direct all or any or all
of the following:-
a) the carrying out of any of the improvement orders
issued under (24. 1);
b)cessation of the noise or excessive vibration, or
prevention or discontinuance of any annoyance, or
prohibiting or restricting its occurrence or reoccurrence;
c) compliance with the permissible noise or excessive
Closure vibration levels;
d) the reduction of the level of noise or excessive
vibration emanating from the premises to a level specified
in the notice;
Rendering an
4) A control order compliance notice issued under sub-
Operating regulation (1) or (2) shall specify the period within which the
Equipment requirements of the notice are to be complied with.
Immobile
5) The compliance notice shall be served on the person
responsible or alleged to cause or likely to cause the noise
Power to seize, confiscate pollution or annoyance or, if that person cannot be found, or
machinery
the noise or annoyance has not yet occurred, on the owner or
occupier of the premises from which the noise is emitted or
is likely to be emitted.
Costs of 6) A person on whom a compliance notice is served
Impoundment
& Storage
under this regulation who contravenes or fails to carry out
any requirements of the compliance notice commits an
offence.
7) The failure to comply with the conditions in a
compliance notice within the period specified in the notice
is prima facie evidence of the commission of an offence.
8) Any person who fails or refuses to comply with the
conditions in a compliance notice commits an offence and is
liable, upon conviction, to the penalties described under
Section 42 of the Act.

26. Where there is continuous emission of noise or excessive


vibration after the Environmental Inspector has issued an
compliance notice, and a compliance order, which has not been
complied with in the time specified, the Environmental Inspector
may, order the closure of an establishment or undertaking emitting
such noise or excessive vibration.
27. An Environmental Inspector or a member of a local council
may remove from the source of the noise, or render inoperable by
the removal of any part from, or lock or seal or close so as to make
unusable, any instrument, appliance, vehicle, or machine
28. An Environmental Inspector or a City Police Officer may
seize, impound or confiscate any property, tool, machinery or other
instrument which is likely to, or has caused the emission of noise,
if, in their opinion the confiscation would cause tranquility in the
area. That is producing or contributing to the noise.
29. The owner of anything seized, impounded or confiscated
under this regulation is responsible for the costs incurred in the
confiscation and storage.
30. Where any property, tool, machinery or other instrument has
Request for restitution of been seized or impounded or confiscated under regulation
Property
17, the owner or occupier, or person using that property, tool,
machinery or other instrument may, at any time, in writing,
apply to the Agency, or municipal authority which seized or
impounded it for the property, tool, machinery or other
instrument to be returned to him or her.
Forfeiture
31. Restitution of property shall be subject to Section 109 of the
Act on forfeiture, where that operator or person from whom the
property was confiscated is charged with an offence.
32. On receipt of an application for restitution, the Agency or
Restitution of property
local council may return the property, tool, machinery or other
instrument or part of it, upon being satisfied that its return is not
likely to lead to the resumption of the emission of noise, or on terms
Public and conditions as may be directed by the Agency or the municipal
Complaints
authority as the case may be.
33. Any person may lodge a complaint to the (Manager of
Compliance & Enforcement) Agency or a municipal authority on
Abatement of
Noise upon complaint the grounds that they are aggrieved by noise being emitted, or likely
to be emitted, in contravention of these Regulations.
General Civil 34. On receiving a complaint, the Agency or municipal authority
Action for noise shall take all reasonable steps to ensure that the noise is abated or
controlled, and that these Regulations are complied with.
35. Any person or group of persons is entitled to bring an action
in a court to stop, prevent or control the emission of noise from any
Application for a Permit source or place.
in a
residential or
36. In lodging a complaint or action it is not necessary for the
commercial zone complainant to show or prove personal loss or injury or discomfort
caused by the emission of the alleged noise.

PART V: PERMIT FOR NOISE & VIBRATIONS IN


Public Address
EXCESS
Systems OF PERMISSIBLE LEVELS

37. Where a sound source is planned, installed or intended to be


installed or modified by any person in a residential or commercial
Requirements
zone, in such a manner that such source shall create or is likely to
emit noise or excessive vibrations beyond the standards, or
otherwise fail to comply with the provisions of these Regulations,
such person shall apply for a permit to the municipal authority as
the Agency may prescribe in guidelines issued from time to time.
38. Where any person uses or plans to use a public-address
system which is likely to emit sound outside of a building, such
person shall secure a permit under these Regulations.
39. 1) An application for the permit shall provide the following
information:
a)the reasons for such usage, including a demonstration as
to why
for a Permit it is desirable or necessary that the sound source involved be
Application to the City &
Town Council
authorized by a permit pursuant to this Regulation;
b) plans and specifications of the use;
c) noise-abatement and control methods to be used with
respect to the sound source involved;
d) the period of time during which the permit shall apply.
e) the name of the person(s) who is responsible for
ensuring that the activity complies with any permit issued for
it pursuant to this Regulation; and
f) evidence that notification of the application for the
permit has been given to each person reasonably expected to
be affected by the noise, the content of such notification and
Forms for permit
applications the manner in which such notification has been given, if the
and payment event is not a community-wide or public event.
2)Provided that the notification shall state that any person
objecting to the granting of such a permit may contact the
appropriate office to whom the application is being made to
express his/her opposition to the granting of the permit.
40. Permit applications made to the City & Town Councils shall
be in a form to be issued by the City & Town Council and shall be
accompanied by the prescribed fee payable to the City & Town
Councils.
41. When determining if a permit should be issued, the factors
Factors to determine in the City or Town Council shall be the following factors:
Issuing a Permit
a) the purposes of such permit;
b) the level of the noise or excessive vibrations;
c) the proximity of the noise or excessive vibrations to
accommodation or residential facilities;
d) the time of the day or night the noise or excessive
Period for
vibrations occur;
Processing a
Permit e) the time duration of the noise or excessive vibrations;
f) the impact of the noise on persons living or working
in different places or premises who are affected by the noise
or excessive vibrations;
42. The City or Town Council shall process the application for a
permit within Fifteen (15) days from the date of receipt of the
application, failure to which the applicant shall be free to proceed
with the activity in respect of which the application is made.
Factors to be 43. A permit shall contain requirements relating to the manner
considered in in which the activities are to be carried out and may, in particular
determining specify:-
the Application for a
Permit 1) the equipment or material to be used;
2) the hours during which the activities may be carried
out;
the level of noise or vibrations which may be emitted in
excess of the permissible levels;
Form of Permit 4) the activities and the method by which they are to be
carried out; and
5) the steps proposed to be taken to minimize noise or
Period of
Permit
excessive vibrations resulting from the activities.
44. Then shall issue a permit in a prescribed form.
45. A permit issued under this Regulation shall be valid for a
period as required by such activity being undertaken and not
Construction, firing
exceeding 3 months.
ranges and heavy duty
industry to be permitted PART VI: ACTIVITIES & PROJECTS TO BE
by the Agency
PERMITTED BY THE AGENCY
Prohibitions of works 46. Activities of fireworks, demolitions, construction, firing
without a permit ranges or operation of specific heavy industry as specified in the
Period for applying for a
Schedule shall be regulated through a permit issued by the Agency.
Permit 47. No person shall carry out activities relating to fireworks,
demolitions, construction, firing ranges or operate specific heavy
Additional industry without a valid permit issued by the Agency.
Powers of the
Councils & 48. An application for a permit shall be made to the Agency at
Agencies least 30 days before commencement of operations.
49. In order to further the purposes of these Regulations and to
facilitate compliance and enforcement, the Municipal authority and
relevant lead agency shall have power to attach such other
Further conditions to the permit in relation to these Regulations issued in
Conditions
accordance with the municipal authority by laws and applicable
Prescribed sectoral laws, as deem necessary.
Form of Permit 50. The Agency shall forward such categories of Applications
for permits to the Municipal Council or lead agency as may be
agreed from time to time for the evaluation and attachment of any
Issuance of further conditions before issuance of the permit.
Permit by the 51. An application shall be in the prescribed form in accordance
Agency
with the Schedule.
52. The Agency may, on receiving an application, issue the
applicant with a permit to carry out fireworks, demolitions, firing
Period of Permit ranges and operate specific heavy industrial work, in the form set
out in the Schedule to these Regulations, on such terms and
conditions as may be contained in the permit.
53. A permit to carry out activities such as fireworks,
Revocation of permit demolitions, firing ranges and specific heavy industry shall be valid
for a period not exceeding six months (6) months.
54. The Agency may, at any time and after giving notice of seven
Offences
days to the licensee, revoke a permit if satisfied that the conditions
of the permit have not been complied with, or that the continued
emission of noise in excess of the permissible noise levels is likely
to be injurious to the residents in the area, or to the environment.
Magistrates court with 55. Any person who contravenes the provisions of these
jurisdiction
Regulation commits an offence.
56. The Magistrate’s court is the court of first instance for
Appeals bringing an action for the control of noise under these Regulations.
On Permit
57. Any applicant who is aggrieved by the refusal of the Agency
to grant a permit may appeal to the Environment Administrative
Court.

PART VII -MAPPING OF ZONES FOR NOISE AND


Strategic Noise
Mapping in each County EXCESSIVE VIBRATIONS CONTROL & ACTION PLANS
58. Each County administration, in consultation with the County
environmental inspectors, municipal authority and the relevant
agencies, make a strategic noise or vibration map for its area.
59. Each County shall review its strategic noise or vibration map
Review of Strategic noise
and excessive vibration every three (3) years from the date on which the strategic noise or
maps. vibration map was made, or earlier where there is significant change
Minimum
in land use or noise or vibration level.
Requirements 60. A strategic noise or excessive vibration map shall satisfy the
for mapping minimum requirements set out in the Schedule to these Regulations.
61. Each County, and in consultations with the municipal
authority and County environmental inspectors shall prepare an
Action plans action plan relevant to its area.
62. An action plan shall satisfy the minimum requirements set
out in the Schedule;
63. An action plan shall be reviewed every three (3) years after
the date on which it was made or last reviewed, provided that an
action plan may be reviewed earlier in the event of a material change
in land use or noise or vibration level in the area concerned.

PART VIII: PUBLIC CONSULTATION


64. 1) Public Consultation shall be conducted in respect of the
provisions of these Regulations, proposals for the Strategic
Mapping and Action Plans by the municipal authority under the
direction of the Agency in each County.
65. 1) Consultations with the public on proposals shall:
a) Ensure the public is given early and effective
Public
Consultation
opportunities to participate and review action plans;
b) A time limit not exceeding sixty (60) days is given for
the submission of written comments by the public;
c) the results of public participation are taken into
account in finalizing action plans or review of action plans;
d)the public is informed of the decision taken in relation to
action plans
Enforcement by virtue of e) reasonable time frames are adopted to allow sufficient
By-
Laws time for each stage of public participation.

PART IX:ENFORCEMENT BY VIRTUE OF BY-LAWS


6. 1) A Municipal Authority may, in accordance with the Act,
make by-laws incorporating noise and vibration pollution
measures as public nuisances in public areas described in the
First Schedule.
2) A City police officer shall have power to enforce
these regulations.
3) Enforcement shall be in accordance with the guidelines
issued by the Agency from time to time.
4) Provided that, by-laws made by l the municipal
authority under sub-regulation (1) shall be consistent with
Transition the
Environment Protection & Management Law,
these
Regulations its Guidelines and Standards.
Public
Information on PART X:TRANSITION
Regulations 67. Any person carrying out activities that emit excessive noise
and vibration immediately before the coming into force of these
Regulations shall, within three (3) months from the coming into
force of these Regulations, take all necessary measures to ensure
full compliance with these Regulations.
68. The Agency shall publish these Regulations for public
information.
FIRST SCHEDULE.

MAXIMUM PERMISSIBLE NOISE LEVELS

PART I

Regulation 4

Maximum Permissible Noise Levels for General Environment

Column 1 Column 2

Facility Noise Limits B (A) (Leq)

DAY NIGHT

A. Any building used as 45 35


hospital, convalescence
home, home for the aged,
sanatorium and institutes of
higher learning, conference
rooms, public library,
environmental or recreational
sites.

B. Residential buildings 50 35

C. Mixed residential (with 55 45


some commercial and
entertainment)

D. Residential + industry or 60 50
small-scale production +
commerce

E. Industrial 70 60

Time Frame: use duration

Day : 6.00 a.m 10.00p.m.

Night : 10.00p.m - 6.00a.m


The time frame takes into consideration human activity.

PART II

Regulation

4 Maximum Permissible Noise Levels (Continuous or intermittent

noise)

from a Factory or Workshop


Column 1 Column 2 Column 3

Leq dB (A) Duration (Daily) Duration


(Weekly)
85 8 hours 40 hours

88 4 hours 20 hours

91 2 hours 10 hours

94 1 hour 5 hours

97 30 minutes 2.5 hours

100 15 minutes 1.25 hours

103 7.5 minutes 37.5 minutes

106 3.75 minutes 18.75 minutes

109 1.875 minutes 9.375 minutes

Noise Levels shall not exceed a Leq of -

(i)Factory/Workshops 85 dB (A)

(ii) Offices 50 dB (A)

(iii) Factory/Workshop Compound 75 dB (A).


PART III

Regulation 4

Maximum Permissible Noise Levels for Impact or Impulsive Noise


Column 1 Column 2

Sound Level dB (A) Permitted number of


(Lmax) Impulses or
Impacts per day

140 100

130 1,000

120 10,000

PART IV

Regulation 4 Maximum Permissible Noise Levels for Construction Site

Column 1 Column 2

Noise Control Zone


Sound Level Sound Level
dB (A) (Leq) dB (A) Leq

Day Night

Residential Area 60 40

Commercial Area 75 50

Industrial Area 85 65

Time Frame:

Day : 6.00 a.m -


10.00p.m.

Night : 10.00p.m - 6.00a.m


The time frame takes into consideration human activity.

PART VI

Regulation 4

Maximum Permissible Noise Levels for Places or Establishments of


Entertainment
Column 1 Column 2

Noise Control Zone Sound Level Sound


dB (A) (Leq) Level dB
(A) Leq
Day Night

Residential 60 40

Commercial 75 50

Industrial 85 65
Time Frame: The time frame takes into consideration human activity.

Day : 6.00 a.m 10.00p.m.

Night : 10.00p.m - 6.00a.m

PART VII

Regulation 5

Maximum Permissible Noise Levels for Places or Areas of Worship

Column 1 Column 2

Noise Control Zone Sound Level Sound Level


dB (A) (Leq) dB (A) Leq

Day Night
Residential 60 40

Commercial 75 50

Industrial 85 65

Time Frame:
Day 6.00 am 10.00p.m

Night : 10.00p.m - 6.00a.m


The time frame takes into consideration human activity.

PART VIII

Regulation 5

Maximum Permissible Noise Levels for Accelerating Vehicles

Column 1 Column 2

1
Vehicles intended for carriage of 78
passengers and equipped with not more
than nine seats, including the driver’s
seat

2 Vehicles intended for carriage of


passengers, and equipped with not
more than nine seats, including the
drivers seat and having maximum
permissible mass of more than 3.5
tones

a) - with an engine power of more than 80


150 KW

b) - with an engine power of less than 83


150 KW
3 Vehicles intended for carriage of
passengers and equipped with more
than nine seats including the driver’s
seat:
vehicles intended for carriage of goods

a) - with a maximum permissible mass 79


not exceeding 2 tonnes

b) - with a maximum permissible mass 80


exceeding 2 tonnes but not exceeding
3.5 tonnes

4 Vehicles intended for the carriage of


goods and having a maximum
permissible mass exceeding 3,5 tonnes

a) -with an engine power of less than 75 81


KW

b) -with an engine power of not less than 83


75 KW but less than 150KW

c) -with an engine power of not less than 84


150 KW
PART VIII

Regulation 4

Maximum Permissible Noise Levels for Residential & Commercial Areas

Column 1 Column 2

Facility
Limit Value
in dB(C)

1 For any building used as a hospital,


109dB (C)
school, convalescent home, old age
home or residential building

2 For any building in an area used for 114dB (C)


residential and one or more of the
following
purposes: Commerce, small-scale
production, entertainment, or any
residential apartment in an area that is
used for purposes of industry,
commerce or small-scale production, or
any building used for the purpose of
industry, commerce or small-scale
production.

Schedules 2 : Noise Standards for Automobiles & Domestic Appliances


A. Noise limits for automobiles (from at 7.5 metre in dB(A) at the manufacturing
stage):

a) Motorcycle, scooters and three wheelers …………………………...


80
b) Passenger cars ……………………….
82
c) Passenger or commercial vehicles up to 4 tonne ………………………
85
d) Passenger or commercial vehicles above 4 tonne and up to 12 …………….
89
e) Passenger or commercial vehicles exceeding 12 tonne …………………..
91

Schedules 3:

B. Domestic appliances and construction equipments at the manufacturing stage:

a) Window air conditioners of 1- 1.5 tonne


……………………………………….. 68
b) Air coolers
………………………………………. 60
c) Refrigerators
……………………………………….. 46
d) Diesel generator for domestic purposes
………………………………………… 90
e) Compactors (rollers), front loaders, concentrate mixers, cranes (movable),
vibrators and saws ……………………………………………
75
APPLICATION FOR A PERMIT TO EMIT NOISE/ VIBRATIONS IN EXCESS OF
PERMISSIBLE LEVELS (May be made to the City or Town Council )
1. Name of Applicant:………………………………………………..
Address:………………………………………………………………
Identity No. / Passport No.…………………………………………………
Tel.:……………………………………Mobile:…………………………..
Fax………………………………………E-mail: ………………………
2. Physical Address of Premises or facility where Noise/Excessive vibrations will
be produced: ………………………………………………...........................................
.....................................................................................................................................
(Location, Town, District, Street, House Number)
3. Source of noise……………………………………………………….
Activity/Purpose.…………………………………………………………
Predicted levels: …………………………………………………………
4. Describe the neighborhood within a radius of 2 kms (describe whether
industrial, residential, commercial and whether it is near a school, hospital or
residential area):
……………………………………………………………………………………………

……………………………………………………………………………………
…………………………………………………………………………………………
……………………………………………………………………………………………

…………………………………………………………………………………...
5. State the measures intended to be used in controlling the noise/excessive
vibrations (may attach separate sheet):
……………………………………………………………………………………………

……………………………………………………………………………………………

………………………………………….............................................................................
...
.............................................................................................................................................
..
6. Intended time of noise/ excessive vibrations emission (indicate time of day):
……………………………………………………………………………………………
… ……………………………………………………………………………………
Date: …………………….. Signature of Applicant: …………………………..
FOR OFFICIAL USE ONLY
Date received …………………………………………………………
Mapping Area
Zone................................................................................................................
Approved / Not Approved ………………………………………………
Fees Charged
………………………………………………………………..
Comments
……………………………………………………………………………………………

……………………………………………………………………
……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

Officer ……………………… Sign …………… Date …………………
Countersigned …………………. ……… Date …………………..

FIFTH SCHEDULE
PERMIT TO EMIT NOISE/ VIBRATIONS IN EXCESS OF PERMISSIBLE
LEVELS
Permit No................................
/(NAME)………………… of
………………………………………………………………………..
(Address)
Is hereby permitted to cause emission or emit noise/excessive vibrations in excess of
the permissible noise levels
at………………………………………………………………………………………….
……………………………………………………………………………………………

(Location, Street, District)
Activity: …………………………………………………………………
Mapping Zone Area .......................................................................................
This Permit is valid from: ……………/………………/20………. to
……../……/20………. from the hours of ……………………………… to
………………………. of each day.
This Permit is granted subject to the following conditions:
1. ……………………………………………………………………
2. …………………………………………………………………………
3. ………………………………………………………………………
Date: ………………………………Signature: ………………………………..
………….
(SEAL)
……………………………………………………………………………………………
EXECUTIVE DIRECTOR
ENVIRONMENTAL PROTECTION AGENCY
Or CITY COUNCIL/TOWN COUNCIL

SIXTH SCHEDULE

APPLICATION FOR A PERMIT TO CARRY OUT ANY OF THE FOLLOWING


ACTIVITIES: - CONSTRUCTION SITES, DEMOLITIONS, FIREWORKS, FIRING
RANGES, SPECIFIC HEAVY INDUSTRIES, INDUSTRIAL PLANTS, MACHINERY
OTHER (SPECIFY) ………………........................
1. Name of Applicant: …………………………………………………...
………………………………………………………………………………
Address: ………………………………………………………………
ID No. / Passport No…………………………………………………..
Tel: …………………………………Mobile: …………………………..
Fax……………………………………E-mail:…………………………….
Personal Identification No. (PIN):………………………………………….
2. Physical Address of Premises or facility where Noise will be produced:
……………..……………………………………………………………………………

……………………………………………………….
(Sub-location, Location, Division, District, Street, House Number)
3. Source of
noise…………………………………………………………......................... Activity/
Purpose ………………………………………………………............................
Machinery or Equipment to be Used (Trade name, Amps other specifications)
................................................................................
Period of Activity ...............................................................................................................
EIA Project Permit No....................................................................................................................
Predicted
levels…………………………………………………………....…………………………
…………………………………………….
4. Describe the neighborhood within a radius of 2 kms (describe whether
industrial, residential, commercial and whether it is near a school, hospital or
residential area):
……………………………………………………………………………………………

……………………………………………………………………………………………

………………………………………………………………………………
5. State the measures intended to be used in controlling the noise (may attach
separate sheet):
……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………….……………………………………
…………………………………………………………………………....
6. Intended time of noise emission (indicate time of day):
……………………………………………………………………………………………
… ……………………………………………………………………………………
Date: ……………………………… Signature & Stamp of Applicant: ………………....
FOR OFFICIAL USE ONLY
Date received…………………………………………………………
Mapping Zone ………………………………………………………………..
Fees to be Paid ........................................................................................
Approved/ Not Approved……………………………………………….
Comments
……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

Officer ……………………… Sign ……………… Date …………….
Countersigned……………………………Date …………………..

COMMENTS OF THE CITY/TOWN COUNCILS/ AGENCY

SEVENTH SCHEDULE

PERMIT TO EMIT NOISE IN EXCESS FOR THE FOLLOWING ACTIVITIES


1. FIREWORKS/FANFARES 2.DEMOLITIONS 3.FIRING RANGES 4.SPECIFIC
HEAVY INDUSTRIES
5. OTHER (SPECIFY)……………..
Permit No........................... EPA /
(NAME)……………………… of
………………………………………………………….. …. (Address)
Is hereby permitted to cause emission or emit noise in excess of the permissible noise
levels at…………………………………………………….
………………………………………………………………………………
(Location, Street, District)
Activity: Fireworks/ Demolition/ Firing range/ Heavy industry*(specify)
This Permit is valid from: ……………/………………/20………. to
……../……/20……….from the hours of ……………………………… to
………………………. of each day.
This Permit is granted subject to the following conditions:-
1. This Permit shall be for the period provided in the validity clause above.
2.…………………………………………………………………………………………

…………………………………………………………………………………………….
.
3.…………………………………………………………………………………………

…………………………………………………………………………………………….
Date…………………………………….Signature: ………………...........
(SEAL)
..……………………………………………………………………………..
EXECUTIVE DIRECTOR
ENVIRONMENTAL PROTECTION AGENCY

CC CITY COUNCIL/TOWN COUNCIL

EIGHTH SCHEDULE

MINIMUM REQUIREMENTS FOR STRATEGIC NOISE AND EXCESSIVE


VIBRATIONS MAPPING FOR A COUNTY
1. A strategic noise or excessive vibration map is the presentation of data on the
following aspects
(a) an existing, previous or predicted noise or excessive vibration situation in terms
of a noise or vibration level;
(b) the exceeding of a limit value;
(c) the estimated number of buildings, educational institutions and health facilities
in a certain area that are exposed to specific noise or excessive vibration levels; (d)
the estimated number of people located in an area exposed to noise or excessive
vibration.
(e) The mitigation measures for minimizing the noise or excessive vibration.
2. Strategic noise or excessive vibration maps may be presented to the public as-
(a) graphical plots
(b) numerical data in tables, or
(c) numerical data in electronic form
3. Areas that excessive noise may be permitted and relevant levels.
4. In residential areas, zoning areas for public purposes

NINTH SCHEDULE MINIMUM REQUIREMENTS FOR ACTION PLANS


1. An action plan shall indicate the following elements-
(a) A description of the local authority, the major road, the railway or airport and
other noise or excessive vibrations sources taken into account;
(b) The responsible lead agency;
(c) The legal context;
(d) Any statutory limit values in place;
(e) a summary of the results of the noise or excessive vibration mapping
(f) a record of the public consultations organized
(g) any noise or excessive vibration reduction measures already in force and any
projects in preparation;
(h) actions which the mapping body intends to take in the next three years,
including any measures to preserve silent areas;
(i) long-term strategy
2. The actions which the mapping body intends to take in the field within its
competence may include-
(a) traffic planning;
(b) land- use planning;
(c) technical measures at noise or excessive vibration sources;
(d) selection of quieter sources;
(e) reduction of sound transmission;
(f) regulatory or economic measures or incentives; (g) Procedure for carrying out
an activity.
TENTH SCHEDULE
IMPROVEMENT NOTICE
Form EPA No.
To: ………………………………………………………………………
……………………………………………………………………………
TAKE NOTICE that on the ………………………. of ………………. 20 ………… an
Environmental Inspector carried out an inspection of your establishment/facility located
in
……………………………………………………………………………………………

…………………………………………………………………………………………….
.
……………………………………………………………………………………………

(physical address) where it was found that you or your agents were generating or
producing noise/ excessive vibration in excess of the permissible levels in
contravention of the Noise Pollution Control & Standards Regulation, 2009. The
Environmental Inspector particularly found the following:
1.…………………………………………………………………………………………

…………………………………………………………………………………………….
.
2.…………………………………………………………………………………………

…………………………………………………………………………………………….
3.…………………………………………………………………………………………

…………………………………………………………………………………………….
4.…………………………………………………………………………………………

…………………………………………………………………………………………….
.
(attach more paper if necessary)
You ARE HEREBY DIRECTED to reduce the noise/ excessive vibration levels to the
permissible levels in the above mentioned facility/establishment within a period of
…….hours/ days from the date of this Notice.
You ARE NOTIFIED THAT in accordance with Sections……… of the
Environmental Protection & Management Act, 2002, and the Regulations failure to comply
with this Notice shall result in criminal prosecution being instituted against you and/or your
agent or both.
Name: ……………………………………………………………………
Signature: ………………………………………………………………..
ENVIRONMENTAL INSPECTOR
c.c. MANAGER COMPLIANCE & ENFORCEMENT

ELEVENTH SCHEDULE FEES


Application for a permit to the City & Town Council… ..Dollar. 00
Permit………………………………………………….....Dollar.00
Application for a permit to EPA……………………........Dollar. 00
Permit………………………………………………….....Dollar.00

These regulations become effective as of the date of publication.

Done under our hands and signatures, this _____________________ day of


_________________________ A. D. 2017 in the Port City of Buchanan, County of Grand
Bassa.

Approved:_____________________________
Madam Anyaa Vohiri
Executive Director/CEO
Environmental Protection Agency

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