EVALUATION OF ENVIRONMENTAL NOISE AND MANAGEMENT REGULATION
Purpose, Scope, Basis and Definitions
Goal
ARTICLE 1 - (1) The purpose of this Regulation is; to ensure that the necessary measures are taken to prevent the deterioration of the peace and quiet, physical and mental health of the people as a result of exposure to environmental noise and to be put into practice gradually; determination of environmental noise exposure levels by using noise assessment methods, acoustic report and environmental noise level evaluation report, informing the public about environmental noise and its effects, noise maps, acoustic report and environmental noise level evaluation report based on results; to determine the procedures and principles for the preparation and implementation of action plans for the prevention and reduction of noise, especially where environmental noise exposure levels may have detrimental effects on human health and where environmental noise quality protection is required.
Scope
ARTICLE 2 - (1) This Regulation; This standard specifies the principles and procedures for environmental vibration and environmental vibration to people, including schools, hospitals and other noise-sensitive areas, especially in densely populated areas, parks or other quiet areas in residential areas, in open spaces, in quiet areas.
(2) This Regulation defines the noise to which the person is exposed due to him, the noise generated by the neighbors and the noise other than household activities specified in Article 26, the noise to which the workers working in the workplace within the scope of Labor Law No. 4857 dated 22/5/2003, and the internal noise does not cover noise related to military activities in the areas.
Rest
ARTICLE 3 - (1) This Regulation; Prepared on the basis of Article 14 of the Environmental Law No. 2872 dated 9/8/1983 and paragraph (b) of Article 9 of the Law No. 4856 on the Organization and Duties of the Ministry of Environment and Forestry dated 1/5/2003 and numbered 4856.
Definitions
ARTICLE 4 - (1) In this Regulation;
a) Quiet area on open land: An area separated by the competent authority in such a way that it is not exposed to any noise disturbance arising from transportation, industrial or recreation activities,
b) Weighting: Changing the sound pressure level differently according to the frequencies, taking into account the characteristics of the human hearing system,
c) Weighted sound reduction index (Rw): The label value of the sound insulation performance of the materials measured under laboratory conditions and expressed as a single value,
ç) Evening noise indicator (Lighter): A is the energy average of the weighted long-term sound level, the level of influence determined by all evening times of the year and used to express discomfort in the evening period,
d) Acoustic shadow zone: Areas where sound waves are reduced by up to 10 dB due to external impacts such as obstacles, wind and daily temperature changes during the propagation of sound waves,
e) Acoustic planning: Control of possible future noise using planned measures such as land use planning, traffic and traffic planning, system engineering and sound insulation measures and control of noise sources,
f) Acoustic report: established before or dated 7/3/2008 and included in Annex-1 and Annex-2 of the Regulation on Permits and Licenses to be Obtained by the Environmental Law published in the Official Gazette dated 29/4/2009 and numbered 27214. the report indicating whether the environmental noise levels of the enterprises that have completed the planning and installation stage after the date have been established by using the assessment methods of the facilities and whether the limit values have been exceeded,
g) Measures in the receiver: Measures that can be taken on the affected person for the protection of the hearing organs of the people, especially in order to avoid high levels of noise in environments where noise cannot be reduced,
ğ) Main road: A regional, national or international road with more than three million vehicles per year,
h) Main railway: A railway that passes more than thirty thousand trains per year,
ı) Main airport: Civil airport which has more than fifty thousand take-offs and landings per year, except for light airplanes for the purpose of training.
i) Background noise: When the sounds examined in an environment are suppressed, the total remaining sound in the given position and given condition,
j) Workshop: Workshops of artisans or painting, sculpture and weaving, garment, lathe, iron, joinery and similar workplaces,
k) Ministry: Ministry of Environment and Forestry,
l) Live music: The type of music made with real instruments and / or sounds or from the band or electronically amplified sound source,
m) Environmental noise: Noise emission from vehicles, road traffic, railway traffic, air traffic, maritime traffic, equipment used in open areas, construction sites, industrial facilities, workshops, workshops, workplaces and so on and recreation and entertainment places harmful or unwanted outdoor sounds generated by human activities, including
n) Environmental noise level assessment report: The establishments that are not included in Annex-1 and Annex-2 of the Regulation on Permits and Licenses to be Obtained by the Environmental Law and that were established before the entry into force of this Regulation or that are planned to be established after the entry into force of this Regulation, a report showing whether the environmental noise levels that may be created by using the assessment methods of the workplaces are determined and whether the limit values are exceeded,
o) Environmental measures: Any noise control works that may be performed in the environment where the noise arising from the noise sources located outside or inside the buildings is spread to the people in the building,
ö) Environmental vibration: Mechanical oscillatory movements that are usually emitted in solid, liquid and gas environments and occur during operations in volumes used for purposes other than the usage area in the structures arising from operations such as mining and quarries, transportation vehicles, industrial and construction machinery,
p) Tinnitus time (s): The parameter that determines the acoustic property of a volume based on frequency and the time it takes for the sound pressure level to decrease by 60 dB from the shutdown of a sound source operating in the volume,
r) Very sensitive uses: Use such as dwellings, inpatient health institutions, educational institutions, child and elderly care homes, hotels with the exception of hotels that have received live music permission, such as quiet areas in open areas and in residential areas,
ş) Impact noise: Noise generated by the impact of two masses,
d) dB: A logarithmic scale used to express the quantities in a meaningful manner, showing differences in order from each other,
t) dBA: A sound level criterion which is referred to as A-weighted sound level, which gives more weight to the medium and high frequencies where the human hearing system is most sensitive to low-intensity sounds, and is commonly used in the assessment and control of noise interference,
u) Evaluation: Any method used to calculate, determine, predict, estimate or measure the value of a noise indicator or related harmful effects,
ü) Dose-effect relationship: The relationship between a harmful effect and noise indication value,
v) Place of Entertainment: A work place within or within a accommodation facility, providing live music service to meet the entertainment needs of the customer,
y) Equivalent noise level (Leq): The constant level, which is the energy equivalent of noise, measured as A weighted sound level A, whose levels vary over a period of time,
z) Noise generated by household activities and neighbors; door, window closing, walking, speaking, cleaning, furniture drawing, watching television, listening to radio, all kinds of musical instruments used for entertainment purposes, washing machine, refrigerator, vacuum cleaner, such as using appliances, pets feed activities will be held inside the building modification,
aa) Action plan: Plans designed to deal with noise-related problems and impacts, including the reduction of noise levels, if necessary,
bb) Physical environmental factors: Any factors that increase or decrease noise in the physical environment in which it passes through the transmission of sound from the source to the user, structure or affected persons and which affect the sound propagation,
cc) Day, evening, night noise indicator (Lgag): A is the energy average of the weighted long-term sound level and the level of influence used to express total daily disturbance,
çç) Daytime noise indicator (Lday): A weighted long-term sound level is the energy average, determined by all daytime periods of the year and used to express the disturbance during the daytime period,
dd) Night Noise Indicator (Lnight): A is the energy average of the weighted long-term sound level, the level of exposure determined by all night times of the year and used to express sleep disturbance during the night,
ee) Noise indicator: A physical scale used to identify environmental noise in relation to a harmful effect,
ff) Noise mapping: Data on a current or future noise situation, including the number of affected persons and the number of dwellings exposed in a particular area, to indicate whether any applicable limit values have been exceeded; using the noise indicator to indicate the area in accordance with the standards on the physical map,
gg) Noise control: To completely or partially eliminate harmful effects by means of noise from any sound source, such as reducing it to an acceptable level, changing its acoustic property, reducing the duration of action, and masking it with another sound that is pleasant or less disturbing. operations performed,
ğğ) Non-sensitive uses: Car parks, garages, entertainment places, industrial facilities such as areas and uses that can be a source of noise,
hh) Indoor noise: The whole of the unwanted and harmful sounds arising from mechanical systems and other noise sources inside the building and affecting the people in the place negatively,
ii) Manufacturing Plant: The workplace that processes raw materials and makes them available to the market,
ii) Operation: Entire facilities and activities,
jj) Workplace: Places such as public institutions, commercial establishments, service buildings, sports facilities, gun and rifle polygons, shopping centers, treatment centers, carpet and car wash places, storage places, printing houses,
kk) Measures in welding: The measures that can be taken in relation to the structure, operating technique, floor of the sound source, mounting type and similar of the noise producing sound source,
ll) Public opinion: For the purpose of the implementation of this Regulation, one or more natural or legal persons and their associations, organizations or groups formed in accordance with national legislation or practice,
mm) Intermittent vibration: Non-continuous vibrations such as drillers or pile drivers are repeated at certain intervals,
nn) LC max: the maximum value of the C weighted rms based sound level measured in dBC during the measurement period,
oo) Octave band: The frequency band, which is the double of the upper and lower frequency limits used to reveal the change of noise energy with respect to frequency, and the band where the bandwidth is equal to 70% of the central frequency,
Öö) Moderately sensitive uses: Uses such as administrative and commercial buildings, children's gardens, playgrounds and sports facilities,
pp) Acoustic report for the planned activities: In Annex-1 and Annex-2 of the Regulation on Permits and Licenses to be Obtained by the Environmental Law and included in the Annex-I List of the Environmental Impact Assessment Regulation published in the Official Gazette dated 17/7/2008 and numbered 26939. a report containing all the measures to be taken in case of exceeding the limit values and determining the possible environmental noise levels using the assessment methods of the establishments, facilities and transportation resources planned to be established without the “*” sign,
rr) Discomfort: The degree of social noise or vibration disturbance determined by field surveys,
ss) Recreation area: A wide range of activities covering various activities such as recreation, recreation, leisure and leisure time, enabling the person to regain himself / herself physically and psychologically,
şs) Sound pressure level (Lp): The value of the sound pressure measured at a given point in the environment, multiplied by the logarithm of the ratio of 20 to 10xPa or 20 µPa reference sound pressure by 20 and expressed in dB,
tt) Sound power level (Lw): The value expressed in dB, multiplied by the logarithm of the sound power emitted by a sound source to the reference sound power defined in international standards by 10,
uu) Level adjustment: The value to be added to the equivalent noise level measured or calculated, depending on the type of noise or the presence of a noticeable frequency,
üü) Limit value: Lgag or Lgece determined by the competent authority which, if exceeded, taken into consideration by the competent authority and leads to the implementation of the mitigation measures, and, where appropriate, Lgündüz, LakĢ, Lgece and Leq,
vv) Strategic noise map: Displaying the current noise situation on the basis of different sources through data,
yy) Continuous vibration: Continuous vibration during a specified period of time, such as daytime or evening or nighttime,
zz) Peak value: The highest vibration value in a given time interval,
aaa) Facility: Facilities which are not included in the scope of workplace, workshop, workshop, entertainment place defined in this Regulation and which are included in Annex-1 and Annex-2 of the Regulation on Permits and Licenses to be Obtained by the Environmental Law,
bbb) Rms value of vibration in terms of displacement, velocity, acceleration: The square root of the average of the squares of the vibration values measured over a given period of time,
ccc) Vibration exposure limit: Vibration; criteria defined by parameters such as vibration acceleration, velocity, amplitude, frequencies and duration of impact on the starting limits of damages caused by physiological and psychological effects such as movement disease on human health, performance and comfort.
ççç) Settlement area where noise map will be prepared: Areas with population of more than one hundred thousand, accepted as urbanized area and population density of more than 1000 people per square meter,
ddd) Silent area within the settlement area: An area separated by the competent authority above the limit values determined for the noise sources or not exposed to a noise indicator value greater than a certain value set by the competent authority,
eee) Competent Authority: The administrations specified in the second part,
fff) Harmful effects: Negative effects on human health.
refers to.
SECOND PART
Duties, Authorities and Responsibilities
Duties, powers and responsibilities of the Ministry
ARTICLE 5 - (1) The Ministry shall:
a) To determine the programs and policies to reduce environmental noise in order to develop an environment that will not disturb the peace and quiet of people with their physical and mental health, to prepare the legislation and any documents that facilitate the implementation of this regulation, to ensure cooperation and coordination in the implementation of this Regulation,
b) To supervise the noise sources in cooperation and coordination with the provincial environmental and forest directorates and the delegated municipalities within the framework of the Environmental Law, to have acoustic reports or environmental noise level assessment reports prepared for noise sources, to examine and evaluate these reports, and to take administrative action in case of violation of this Regulation. to determine the principles to be sought in the institutions to be transferred,
c) Determining the content and programs of the programs that will enable the specialization of the institutions and organizations that will prepare the acoustic report, environmental noise level assessment report, noise map and action plan to be prepared in accordance with this Regulation and the institutions and organizations authorized and responsible for the implementation of this Regulation,
d) To determine the principles to be provided by the institutions and organizations that will prepare acoustic report, environmental noise level assessment report, noise map and action plan, to give pre-qualification / qualification certificate to those who provide the principles, to supervise the institutions and organizations that have received pre-qualification / qualification certificate to ensure that the necessary sanctions are applied in case of violation of the certification principles and to cancel the prequalification / qualification certificate if necessary,
d) To make assessments within the scope of environmental permits or environmental permits and licenses to be given to the enterprises and facilities listed in Annex-1 of the Regulation on Permits and Licenses to be Obtained by the Environmental Law ensuring,
e) Regarding Strategic Noise Maps and Action Plans;
1) To give opinion to noise maps and action plans prepared by authorized and responsible institutions and organizations,
2) To create a data bank for noise information and action plans prepared by authorized and responsible institutions and organizations and to all kinds of information and documents in Annex VI.
authorized and responsible.
Duties, authorities and responsibilities of provincial environment and forest directorates
ARTICLE 6 - (1) Provincial directorates of environment and forestry;
a) To inspect the noise sources in areas that are not delegated according to the Environmental Law in terms of programmatic, unscheduled or complaints, in cooperation and coordination with institutions and organizations authorized under other legislation when necessary, to check compliance with the principles set forth in this Regulation, to prepare a level evaluation report, examine and evaluate these reports, and apply administrative sanctions in case of violation of this Regulation,
b) To work in coordination and cooperation if requested by the institutions and organizations to which authority has been delegated or if deemed necessary,
c) To supervise the environmental noise caused by the activities of the delegated institutions and to apply administrative sanctions,
ç) Evaluating and forwarding the demands of the institutions and organizations requesting authorization to the Ministry, supervising the functioning of the institutions and organizations delegated with authority, identifying those who have not fulfilled their powers and notifying them to the Ministry,
d) Communicating the results of the inspection and administrative sanctions made in accordance with Article 14 of the Environmental Law in the province to the Ministry,
e) To evaluate within the scope of environmental permits or environmental permits and licenses to be given to the enterprises and facilities listed in Annex-2 of the Regulation on Permits and Licenses to be Obtained by the Environmental Law, to audit the enterprises and facilities within this framework, ensuring,
f) To make exceptions to the prohibitions brought within the scope of this Regulation for the activities to be carried out for religious and national holidays and local national days and celebrations provided that a Local Environmental Council Decision is taken, and to publicize the decisions taken within the scope of the exception
authorized and responsible.
Measures to be taken by local administrations
ARTICLE 7 - (1) Special provincial administrations shall:
a) To supervise compliance with the principles set forth in this Regulation in cooperation and coordination with the institutions and organizations authorized by the Special Provincial Administrations, which are delegated in accordance with the Environmental Law, outside the municipal boundaries and adjacent areas, programmatically, unscheduled or in compliance with other legislation when necessary, based on complaints, to prepare acoustic reports or environmental noise level assessment reports for noise sources, to examine and evaluate these reports, and to apply administrative sanctions in case of violation of this Regulation,
b) Outside the municipal boundaries and adjacent areas; by seeking the conditions specified in Article 28 of the architectural projects and building licenses of the buildings,
c) Regarding Strategic Noise Maps and Action Plans;
1) To collect all the data required for the preparation of noise maps outside the boundaries of the municipality and adjacent areas, and to make them available to the institutions and organizations responsible for preparing noise maps within the framework of the principles to be determined,
2) Obtaining the opinions of all relevant institutions and organizations that may work on current or prospective projects or other investments in areas where noise maps are prepared outside the municipal boundaries and adjacent areas,
3) Out of the boundaries of the municipality and the contiguous area of the first paragraph of Article 8 (d) (3) and (4) Noise maps prepared in accordance with sub-paragraph no. Preparing separate noise maps and action plans for the areas covered by these noise maps for the ports in the vicinity and the areas where the enterprises and facilities are located in Annex-1 and Annex-2 of the Regulation on Permits and Licenses to be Obtained by the Environmental Law,
4) To publicize the action plans prepared for the area outside the municipal boundaries and adjacent areas,
5) To inform the public about the final version of the noise maps and action plans prepared for the areas outside the municipal boundaries and adjacent areas and to send them to the Ministry.
takes necessary measures in related matters.
(2) Municipalities;
a) To supervise compliance with the principles set out in this Regulation in cooperation and coordination with municipalities, municipalities and institutions within the boundaries and adjacent areas authorized by the Environmental Law, programmatically, unscheduled or authorized by the other legislation in accordance with the complaints, if necessary, to prepare acoustic reports or environmental noise level assessment reports for noise sources, to examine and evaluate these reports, and to apply administrative sanctions in case of violation of this Regulation,
b) Municipalities that have been delegated; submitting the results of the inspections carried out within the boundaries of the municipality and the adjacent area to the provincial environmental and forest directorates,
c) the relevant municipality within the municipal boundaries and adjacent areas; by seeking the conditions specified in Article 28 of the architectural projects and building licenses of the buildings,
ç) Taking into consideration the noise exposure categories provided for in Article 27 during the preparation of Master Plans and Implementation Plans,
d) Regarding Strategic Noise Maps and Action Plans;
1) Determining the settlement areas to be prepared within the boundaries of the municipality and adjacent areas, in coordination and cooperation with the central and provincial organization of the Ministry,
2) To collect all the data required for the preparation of noise maps of the municipal boundaries and adjacent areas within the boundaries of the municipality and to make them available to the institutions and organizations responsible for preparing the noise map within the framework of the principles to be determined,
3) Located in the boundaries of the municipality and the settlements where noise map will be prepared within the adjacent area; road traffic, subway traffic by underground, ports and separate noise maps for areas with noise sources such as facilities / workshops or workshop-shop-entertainment places in Annex-1 and Annex-2 of the Regulation on Permits and Licenses to be Obtained by the Environmental Law. the preparation,
4) Obtaining the opinions of all relevant institutions and organizations that may work on current or future project design or other investment in the municipality boundaries and settlements where noise map is prepared within the adjacent area,
5) Taking into account the noise maps prepared by the institution or organization authorized by Article 8 in the settlement area where noise maps within the boundaries of the municipality and adjacent areas are prepared; to prepare action plans covering the areas where noise sources such as establishments / facilities or entertainment places, workshops in the Annex-1 and Annex-2 of the Regulation on the Permits and Licenses to be Obtained by the Law on Environment, Highways, Railways, Tramways, Underground Metroways, Airports, Ports and ,
6) To open to public opinion the action plans prepared for the municipality borders and the settlement area within the adjacent area,
7) To inform the public about the final version of the noise maps and action plans prepared for the municipality borders and the settlement area within the adjacent area and to send them to the Ministry,
8) Metropolitan municipalities, located within the boundaries of the metropolitan municipality and the adjacent area; road, tram and underground traffic, harbors and facilities / workshops or workshop-workshop-entertainment places in Annex-1 and Annex-2 of the Regulation on Permits and Licenses to be Obtained by the Environmental Law. preparing noise maps in coordination and cooperation with the relevant municipalities.
takes necessary measures in related matters.
Measures to be taken by institutions, organizations and enterprises
ARTICLE 8 - (1) The institutions, organizations or businesses;
a) Ministry of Health; By determining the principles and procedures for the determination and monitoring of noise exposure levels taking into account hearing health and critical health effects in accordance with the Decree Law No. 181 dated 13/12/1983 on the Organization and Duties of the Ministry of Health,
b) Directorate of Religious Affairs; determining the principles of sound control from the use of sound amplifiers in religious facilities,
c) those who plan and operate the enterprise, plant (factory), workplace, workshop, workshop, recreation area and transportation resources;
1) To prepare an acoustic report which will be the basis of the environmental permit or environmental permit and license certificate for the enterprises and facilities in Annex-1 and Annex-2 of the Regulation on Permits and Licenses to be Obtained by the Environmental Law and to take necessary measures in case the limit values determined by this Regulation are not reception,
2) Environmental impact assessment report or project to be prepared for the establishments and facilities listed in Annex-1 and Annex-2 of the Regulation on Permits and Licenses that are planned to be established and to be obtained by the Environmental Law and the transportation resources in articles 18, 19, 20 and 21. to ensure that the noise related part of the introductory dossier is prepared in accordance with the principles contained in this Regulation,
3) Establishment and working license of enterprises, facilities, workplaces, workshops, entertainment places and similar places not included in Annex-1 and Annex-2 of the Regulation on Permits and Licenses to be Obtained by the Environmental Law, or to prepare an environmental noise level assessment report in accordance with the request of the competent authority in the audits to be carried out on the basis of
4) Operators such as industrial plant, workshop, workshop, entertainment place and port operators; transmitting the requested data to the municipality or special provincial administrations upon the request of the institution and organization responsible for the preparation of noise maps of these areas,
d) Ministry of Transport;
1) State roads and highways, the main highways of the class of highways, main railways and main airports to determine the list and notify the Ministry,
2) To transmit to the Municipality the data required for the preparation of noise maps for state roads and highways within the settlement areas,
3) To prepare noise map of the highways which are classified as main highways from state roads and highways outside the settlement area,
4) Preparing noise map of main railways and main airports located outside the settlement area,
5) According to the area of responsibility outside the settlement area; to prepare noise maps of state roads and highways and railways and airports located in areas near the main road, main railway and main airport,
6) To prepare the noise map of the railways and airports within the settlement area and within the responsibility area,
7) To get the opinions of all relevant institutions and organizations that may work on the current or future project planning or other investment for the planned highways, railways and airports and to prepare programs for noise control measures within the framework of these opinions,
8) To inform the public about the final version of noise maps and to send them to the Ministry.
takes necessary measures in related matters.
THIRD PART
Sound Levels of Resources
Conditions to be complied with in road vehicles
ARTICLE 9 - (1) Motor vehicles shall comply with the following principles.
a) The suitability and technical principles of the motor vehicles in accordance with the Article 29 of the Road Traffic Law no. 2918 dated 13/10/1983; vehicles must comply with the road structure and traffic safety in terms of construction and use. The Ministry of Industry and Trade shall determine the sub-regulatory procedures.
b) Implementing Regulation on External Noise Emissions and Exhaust Systems of Motor Vehicles published in the Official Gazette dated 30/11/2000 and numbered 24246 on the external noise level and exhaust systems of motor vehicles operated in public places (70/157) (EC).
c) Regarding the audible warning devices such as the horns of motor vehicles, within the scope of the Regulation on Type Approval for Audible Warning Devices and Installation of Motor Vehicles published in the Official Gazette dated 1/5/1999 and numbered 23682 (70/388 / EC) It is mandatory to provide the principles introduced. Article 141 of the Highways Traffic Regulation published in the Official Gazette dated 18/7/1997 and reiterated number 23053 shall be applied to the vehicles having the transitional advantage.
ç) Regarding the external noise levels of wheeled agricultural or forestry tractors, within the scope of the Regulation on Type Approval concerning Some Parts and Characteristics of Wheeled Agricultural or Forestry Tractors published in the Official Gazette dated 13/6/2002 and numbered 24784 (74/151 / EC) principles are provided.
d) Regulation on the type approval of certain components and features of two or three-wheeled motor vehicles published in the Official Gazette No. 25172 dated 18/7/2003 on the external noise levels of two or three-wheel motor vehicles (97/24) (AT).
Conditions to be complied with railway transportation vehicles
ARTICLE 10 - (1) The regulations regarding the external noise levels of suburban and intercity trains, heavy and light subways, and inner noise and interior wagon vibration levels in terms of ear health and comfort of passengers and train employees are regulated by Ministry of Transportation According to the provisions of the Law on the duties of the Ministry of Transport.
Conditions to be met in air transportation vehicles
ARTICLE 11 - (1) In order to enable the aircrafts in the Turkish register and foreign country registers to land and take off in our open and open traffic areas, the internal noise levels of the airport vehicles and the internal noise and vibration of the passenger and aircraft employees in terms of ear health and comfort The Ministry of Transport shall make the arrangements regarding the levels of the Ministry of Transport in accordance with the provisions of the Law on Organization and Duties of the Ministry of Transport.
Conditions to be complied with in water transport vehicles
ARTICLE 12 - (1) Arrangements regarding the external noise levels of vehicles used in sea, lake or other waterways and internal noise and in-vehicle vibration levels in terms of ear health and comfort of passengers and waterway vehicle employees are established by the Undersecretariat of Maritime Affairs numbered 491 dated 10/8/1993. and Duties of the Undersecretariat of Maritime Affairs in accordance with the provisions of the Decree Law.
Requirements for outdoor equipment
ARTICLE 13 - (1) The noise level of the equipment used in the open area is subject to the provisions of the Regulation on the Emission of Noise in the Environment Created by the Outdoor Equipment published in the Official Gazette No. 26392 of 30/12/2006 (2000/14 / EC). . In accordance with the provisions of the Law on Organization and Duties of the Ministry of Industry and Trade, the Ministry of Industry and Trade shall make the arrangements regarding the equipment used in the open area but not in the said regulation.
Requirements for household appliances
ARTICLE 14 - (1) The noise level of household equipment is subject to the provisions of the relevant legislation. The Ministry of Industry and Trade shall make the regulations regarding the electrical or non-electrical appliances used in household chores, but which are not included in the said legislation, in accordance with the Law on Organization and Duties of the Ministry of Industry and Trade.
Conditions to be complied with in the tools, equipment and machines used in industrial plants
ARTICLE 15 - (1) The principles specified in the Machinery Safety Regulation (2006/42 / EC) published in the Official Gazette dated 3/3/2009 and numbered 27158 are provided for the tools, equipment and machinery used in industrial plants. The regulations regarding the sound power levels of the tools, equipment and machines used in industrial facilities shall be made by the Ministry of Industry and Trade in accordance with the provisions of the Law on Organization and Duties of the Ministry of Industry and Trade. For the noise and vibration levels of the employees in industrial facilities in terms of ear health and comfort; Noise Regulation published in the Official Gazette dated 23/12/2003 and numbered 25325 and Vibration Regulation published in the Official Gazette dated 23/12/2003 and numbered 25325 are provided.
SECTION FOUR
Environmental Noise Principles and Criteria
Environmental noise indicators and their application
ARTICLE 16 - (1) The principles regarding the selection and application of environmental noise indicators are as follows:
a) Lgag and Lnight noise indicators specified in Annex-I-1.1.1 and Annex-I-1.1.2 are used for noise maps and their revision studies.
b) For acoustic planning, acoustic shadow zoning studies, other noise indicators may be used other than Lgag and Lnight noise indicators.
c) For special cases other than (a) and (b), additional noise indicators listed in Annex-I-1.2 may be used.
Evaluation methods
ARTICLE 17 - (1) The methods for the assessment of environmental noise levels are as follows:
a) Environmental noise indicators defined in Annex-I shall be determined by the assessment methods specified in Annex-II.
b) The degree to which the current noise level is affected by society and the detrimental effects of noise on various actions in daily life are determined using the dose-effect relationship given in Annex III. Guidance on the impact analysis of the dose-effect relationship is prepared by the Ministry with the approval of the Ministry of Health.
Road environmental noise criteria
ARTICLE 18 - (1) The noise level spreading from the road to the environment and the limit values for the prevention of noise are given in Table-1 of Annex-VII. The environmental noise level caused by highways cannot exceed the limit values in Table-1 of Annex-VII.
Environmental noise criteria of rail system
ARTICLE 19 - (1) The noise level arising from rail systems and the criteria for noise prevention are as follows:
a) The level of noise emitted from the rail transportation systems to the environment cannot exceed the limit values of 65 dBA in the daytime, 60 dBA in the evening and 55 dBA in the night.
b) In closed areas where light rail systems pass underground and in areas where it passes above ground; The limit values of environmental noise in Leq, which may occur due to time zone in waiting, landing and boarding platforms, stations and ventilation channels, cannot exceed the values in Table-2 in Annex-VII.
c) Where light rail systems pass underground, the maximum resonance time at 500 Hz with the station empty is 1.4 for the project target value and 1.6 seconds for the acceptance value. In places where the light rail transportation system passes through noise sensitive areas both in and outside the city, effective and applicable measures are taken by considering noise shielding techniques.
Airports environmental noise criteria
ARTICLE 20 - (1) The noise level emitted from airports to the environment and the criteria for the prevention of noise are set out below.
a) The noise level emitted from airports to the environment shall not exceed the limit values given in Table-3 of Annex-VII.
b) Except for ambulance helicopters, the noise level emitted from the helicopter landing runways to the environment cannot exceed the limit values of L daytime 65 dBA, Lighter 60 dBA and Lnight 55 dBA.
c) In the airports where there are more than fifty thousand landings / departures per year, the Ministry of Transport; noise measurement / control / monitoring system is installed to determine the environmental noise level around the airport.
ç) Aircraft vehicles registered in Turkish and foreign countries must have noise certificate in order to make landing and take off at our open air areas for domestic and international traffic. Turkish and foreign country registered aircrafts which do not have a noise certificate can make landing and take off by paying noise compensation to our open air areas for domestic and international traffic. The principles of compensation are determined by the Ministry of Transport.
Environmental noise criteria for waterways
ARTICLE 21 - (1) The level of noise emitted to the environment from the means of transportation used in waterways such as piers, harbors and similar places and sea, lake, strait, river are as follows:
a) The level of environmental noise emitted from the transportation vehicles used in places such as piers, ports and waterways such as sea, bays, lakes, gorges, rivers cannot exceed the limit values of L daytime 65 dBA, Lighter 60 dBA and Lnight 55 dBA.
b) The total environmental noise level emitted as a result of the broadcasting of live music on vehicles used in places such as piers, ports and waterways such as seas, bays, lakes, straits, rivers, etc. can exceed 3 dBA for time zone, not for night time zone.
Environmental noise criteria for businesses, facilities and workplaces
ARTICLE 22 - (1) The criteria related to the noise level emitted from the enterprises, facilities, workshops, workshops and workplaces to the environment are as follows:
a) The noise level emitted from each enterprise and facility to the environment shall not exceed the limit values given in Table-4 of Annex VII.
b) operates in or near, adjacent to, under or above, which may affect noise-sensitive uses; the level of environmental noise emitted by air from the workplace, workshop, workshop and similar establishments, or transmitted to sensitive uses by common partition elements, interlinings, ceilings or adjacent walls, may not exceed the background noise level in terms of the Leq noise indicator by more than 5 dBA.
c) The total environmental noise level emitted to the environment from enterprises such as multiple workplaces, workshops, workshops and organized industrial zones or small industrial sites may not exceed the background noise level in terms of Leq noise indicator by more than 7-10 dBA. Based on this range, the total environmental noise level; The number of affected persons in the area exposed to noise, the distance between noise source and noise sensitive places and similar factors are taken into consideration and determined by the decision of Provincial Local Environmental Board. If the limit value given in this subparagraph is exceeded, each workplace that contributes to the background noise level is equally responsible for exceeding the limit value. After determining noise contribution rates, each enterprise takes the necessary measures.
d) Impact noise that may occur as a result of the operation of facilities, workshops, workshops and workplaces shall not exceed 100 dBC in terms of LCmax noise indicator.
Environmental noise criteria for construction sites
ARTICLE 23 - (1) The noise level emitted from the construction sites to the environment and the criteria for the prevention of noise are as follows:
a) The noise level spreading to the environment from the activity types in the construction site cannot exceed the limit values given in Table-5 in Annex-VII.
b) Construction site activities performed in and around the residential areas cannot be continued in the evening and night time periods, except during daytime.
c) Restrictions may be imposed on the construction site activities to be carried out on weekends and public holidays by the decision of the Provincial Local Environmental Board, taking into account the intensity of the complaints coming from the residential areas and their immediate surroundings.
d) The construction activities of the projects such as dams, bridges, tunnels, highways, urban highways, mass housing and public buildings that require public interest, and construction activities that will prevent daytime traffic in the city are provided from the day-values in Table-5 in Annex VII 5 dBA for the evening, 10 dBA for the night, the limit values obtained and the Provincial Local Environment Board to be taken within the scope of this decision can be maintained.
d) Impact noise from construction site activity shall not exceed 100 dBC in LCmax noise indicator.
e) In the construction site by the owner; information on the start, end dates and working periods of the construction and the permits obtained from the metropolitan municipality or provincial / district municipality are shown on a sign that can easily be seen by everyone in the construction area.
f) All construction activities carried out in holiday resorts and touristic areas may be stopped completely at weekends or for a few months in line with the decision of metropolitan municipality and / or provincial / district municipality.
Environmental noise criteria of recreation and entertainment places
ARTICLE 24 - (1) Environmental noise level and noise prevention arising from entertainment venues and recreation areas broadcasting music are as follows:
a) Very sensitive usage areas and open and semi-open entertainment places that affect these areas are determined by the decision of Provincial Local Environmental Board.
b) It is forbidden to perform live music in open and semi-open entertainment areas that affect very sensitive areas of use. Open and semi-open entertainment venues are not allowed in these areas.
c) Existing outdoor and semi-outdoor recreation areas that affect very sensitive areas of use, (d) and (d) of this Article. necessary measures to ensure the limit values specified in paragraphs.
ç) In addition to the very sensitive areas of use of live music on and around physically open and semi-open entertainment places, garden casinos, amusement parks, animation and entertainment centers, fairs, picnic places, public places such as open-air cinemas, restaurants, coffee houses, The environmental noise level emitted from indoor entertainment venues such as shops, casinos, dance halls, discotheques, clubs, bars and wedding halls cannot exceed the background noise level in terms of the Leq noise indicator by more than 5 dBA and 7 dBC.
d) The total noise level emitted from more than one entertainment location may not exceed the background noise level in terms of Leq noise indication by more than 7-10 dBA. Based on this range, the total environmental noise level; The number of affected persons in the area exposed to noise, the distance between the source of noise and noise sensitive areas are determined by taking into account factors such as the decision of the Provincial Local Environmental Board. If the limit value given in this subparagraph is exceeded, each entertainment place that contributes to the background noise level is equally responsible for the limit value exceeding. After determining noise contribution rates, each enterprise takes the necessary measures.
e) Indoor entertainment places or places are under, above, adjacent to very and moderately sensitive areas of use; The background noise level in terms of Leq noise indication is provided within the precise use area.
f) It is obligatory to obtain Live Music Permit in accordance with the provisions of the Regulation on Opening and Working Licenses of entertainment places or places that can perform live music within the scope of this article. While giving this permission, the appropriate opinion of the competent authority regarding the principles specified in this article shall be taken. If deemed necessary, the competent authority shall prepare an Environmental Noise Level Assessment Report and the appropriate opinion of the competent authority shall be taken as basis.
g) On the outside entrance doors of closed entertainment places "Caution: The sound level inside is harmful to human health." It is mandatory to hang light warning signs in the form.
ğ) Assessment and monitoring of hearing health and critical health effects of noise level in entertainment places mentioned in this article shall be made within the framework of the first paragraph of article (a).
h) Taking into consideration the intensity of the people who are exposed to environmental noise created by the entertainment places mentioned in this article and the intensity of the complaints experienced, the working hours limitation may be imposed or the live music broadcast may be abolished by the Local Environmental Board Decision.
ı) The compliance of the principles stated in this article shall be checked within the framework of the audits to be carried out in cooperation with the institutions and organizations authorized under the scope of the other legislation under the coordination of the Environmental Noise Level Assessment Report and / or the competent authority to be submitted within the periods determined by the competent authority.
i) In areas where there are more than one entertainment places, if deemed necessary by the competent authority, apart from the principles listed above, a system shall be established or installed periodically for the control of the environmental noise level or if necessary, for continuous measurement of the noise level.
CHAPTER FIVE
Environmental Vibration Principles and Criteria
Environmental vibration criteria in buildings
ARTICLE 25 - (1) The principles regarding the control of environmental vibration caused by various vibration sources are as follows:
a) The ground vibration level caused by the explosions in the mines and quarries and similar areas in the most sensitive uses in the environment shall not exceed the limit values given in Table-6 given in Annex-VII.
b) The vibration level to be created by the applications that will create vibration such as piling in construction and the vibrations caused by heavy construction machines in very sensitive uses around them shall not exceed the limit values given in Table-7 in Annex-VII.
c) Vibrations caused by machinery and equipment such as electric motor, pump, fan in residential and office buildings shall not exceed the limit values given in Table-8 given in Annex-VII. For the machinery and equipment that generate vibration above these values, the necessary technical measures, especially vibration isolation, are taken and the vibrations measured in the building are reduced below the limit values. These limit values are also used for the vibrations that rail and road transportation vehicles, enterprises and facilities, which are close to very sensitive uses, will create in very sensitive uses.
SECTION SIX
Principles and Criteria for Noise Sensitive Areas
Noise control for noise-sensitive uses
ARTICLE 26 - (1) The principles of environmental noise in noise sensitive uses are stated below.
a) In the existing structures; from sources such as cooling fans, air conditioning systems, air ducts, clean and dirty water installations, generators, hydrophores, compressors, combustion boilers, elevators, garbage chimneys located in installation rooms or anywhere inside or outside the building; The level of noise transmitted to sensitive uses by common partition elements, interlinings, ceilings and adjacent walls or air cannot exceed the background noise level in terms of the Leq noise indicator by more than 5 dBA.
b) Arrangements regarding the control of sound spreading to the environment from the use of sound amplifiers in religious facilities shall be made within the framework of the first paragraph of article 8 (b).
c) A motor vehicle may not be operated or caused to operate without silencer or other parts of the sound absorber; silencer or sound absorber parts on a motor vehicle or motorcycle may not be removed, rendered inoperable for the purposes of maintenance, repair or other replacement. The type approval regulations regarding the installation shall be complied with. The type-approved audible warning devices (horn) may not be modified.
ç) On or in a motor vehicle; it is prohibited to steal the horn or any other sound generating device, which may cause noise disturbance, except when required.
d) It is forbidden to play radio, television, music set and all kinds of musical instruments in areas with very and medium sensitive uses and public transportation.
e) In areas with very and moderate sensitive uses; It is forbidden to make propaganda, advertising, announcements, publicity and sales by speaking loudly, shouting, using sound amplifier tools such as announcement systems and making pulsed regular or irregular sounds.
f) In areas with very sensitive uses; It is forbidden to carry out trial work between 19.00-07.00 on a marine engine, motorcycle or any motor vehicle.
g) in very sensitive uses and at least 350 meters from these uses; mechanical or motorized sewing machine, drill, saw, grinder, lawn mower, treadmill or similar tools may not be allowed to be operated or allowed to operate between 19.00-07.00.
ğ) It is forbidden to use explosives, sparklers, fireworks and similar things for entertainment purposes and to fire in sensitive areas. Production, Import and Transportation of Explosive Substances Excluded from Monopoly and Related Materials which are put into force by the Council of Ministers Decree No. 87/12028 dated 14/8/1987 and in areas and hours determined by the decision of the Provincial Local Environmental Council. , Storage, Storage, Sale, Use, Destruction, Supervision Procedures and Principles of Article 117 of the Regulation on the permission of the local civilian supervisor.
h) The deliberate operation or permission of sirens, whistles or similar emergency and emergency signaling devices other than emergency and emergency situations is prohibited. The testing of emergency signals shall be carried out before 10.00 and not after 20.00.
ı) It is forbidden to carry out outdoor activities such as concerts, shows, rallies, ceremonies, festivals, weddings and the like in areas near, adjacent to, under or above, which may affect very sensitive uses. These activities can only be carried out in areas where there are very sensitive uses, but only in areas determined by the decision of the Provincial Local Environmental Board. In areas of moderate precision use, the level of noise emitted from such activities to the environment cannot exceed the current background noise level in terms of the Leq noise indicator by more than 5 dBA.
i) It is forbidden to establish places such as polygons that are not included in the Regulation on Opening and Working Licenses and causing noise disturbance in areas where there is very sensitive use as of 7/3/2008.
CHAPTER SEVEN
Basic Criteria in Planning
Noise exposure categories
ARTICLE 27 - (1) The following noise exposure categories shall be considered during the planning stage of new housing areas:
a) Category A (<55 dBA in Lday) Area: The noise at the top level of this category is not disturbing. Noise is considered as a decisive factor when planning a decision.
b) Category B (55-64 dBA in Lday) Area: Noise level in planning decisions are taken into consideration. Necessary measures against noise are taken and planning decisions are made.
c) Category C (65-74 dBA in Lday) Area: Planning decision is generally not made. However, in cases where public interest is required, measures are taken against noise by considering the background noise level in case it has to be allowed due to the absence of a quieter place.
d) Category D (> 74 dBA in Lday) Area: No planning decision is made.
Criteria to be complied with during the planning stage
ARTICLE 28 - (1) The compulsory criteria for the activities in the planning phase are as follows:
a) In the architectural projects of the buildings constructed after the date of 7/3/2008 and to be constructed after the publication date of this Regulation, it is obligatory to provide the limit values given in Table-9 given in Annex-VII, depending on the type of buildings.
b) During the planning stage; Transportation, operation, facility, entertainment place, workshop, workshop, workplace planned activities such as 18, 19, 20, 21, 22, 23, 24 and 25 are evaluated according to the principles and criteria given in articles. Operation is not allowed if there is an unfavorable situation.
c) In the preparation of Master Plans and Implementation Plans, the noise exposure categories provided for in Article 27 shall be taken into consideration.
ç) In order to prepare acoustic planning in the area during the preparation of Environmental Layout Plans, Master Plans and Implementation Plans and to establish calm areas in residential areas and open areas, noise maps and action plans should be requested as plan annexes and should be the basis of plan decisions.
d) The municipality within the boundaries of the municipality and the adjacent area by taking the opinion of the related institutions in order to create a more calm environment in the places where the delicate uses are present; If the authority is not transferred, additional limiting measures may be taken by the provincial directorate of environment and forestry. In this context; temporary or permanent limitation decisions may be made regarding the environmental noise level in a new noise source to be established in the region or the establishment of the new enterprise within this region may not be allowed.
CHAPTER EIGHT
Strategic Noise Mapping Principles and Criteria
Strategic noise mapping principles
ARTICLE 29 - (1) The following principles shall be applied in the preparation of strategic noise maps:
a) Not later than 30/6/2013;
1) Settlements with more than two hundred and fifty thousand inhabitants,
2) Main roads with more than six million vehicles per year,
3) Main railways with more than sixty thousand trains per year,
4) Main airports with more than fifty thousand movements per year
strategic noise maps for the previous calendar year.
b) A strategic noise map must be prepared by 30/6/2011 at the latest and every five years thereafter; The Ministry shall be notified of the main roads, with more than six million vehicles per year, main railways with more than sixty thousand trains per year, main airports and residential areas with more than two hundred and fifty thousand inhabitants.
c) by 30/6/2018 and every five years thereafter;
1) Residential areas with more than one hundred thousand inhabitants,
2) Main roads with more than three million vehicles per year,
3) Main railways with more than thirty thousand trains per year
strategic noise maps for the previous year.
ç) A strategic noise map must be prepared by 30/6/2014 at the latest and every five years thereafter; The Ministry is notified of the main roads, with more than three million vehicles per year, main railways with more than thirty thousand trains per year and settlements with more than one hundred thousand inhabitants.
d) Strategic noise maps shall be prepared to meet the minimum requirements for strategic noise mapping in Annex IV.
e) In the preparation of strategic noise maps of the regions close to the borders of neighboring countries, cooperation shall be made under the coordination of the Ministry of Foreign Affairs.
f) Strategic noise maps shall be reviewed at least every five years after the date of preparation and revised if necessary.
g) noise maps to be prepared for the settlements given in subparagraph (1) and subparagraph (1) of subparagraph (a) of the first paragraph of this Article; road, rail, air traffic noise and ports, industrial areas, workshops-workshops-entertainment places and similar businesses are made separately for the areas.
CHAPTER NINE
Action Plans
Principles of preparing action plans
ARTICLE 30 - (1) The principles regarding the Action Plans are as follows:
a) If not later than 18/7/2014;
1) Main roads with more than six million vehicles per year, main railways with more than sixty thousand trains per year, main airports and nearby locations,
2) Settlements with more than two hundred and fifty thousand inhabitants
Action plans for dealing with noise issues and noise impacts, including reducing noise levels, should be prepared. The measures within the action plans are at the discretion of the competent authority. However, in cases where the limit values given in this Regulation are exceeded or other criteria selected by the competent authorities are specified in the action plan, they are specified in the action plan and applied in the most important regions determined by strategic noise mapping.
b) Not later than 18/7/2019;
1) Main roads with more than three million vehicles per year, main railways with more than thirty thousand trains per year and locations nearby,
2) Settlements with more than one hundred thousand inhabitants
action plans, which clearly define the priorities defined as the case of exceeding the limit values given in this Regulation or other criteria selected by the competent authorities.
c) The competent authorities shall inform the Ministry of the criteria specified in paragraphs (a) and (b).
d) Action plans are prepared to meet the minimum requirements for the action plans given in Annex-V.
d) Action plans are reviewed and revised if necessary, upon a major change affecting the current noise situation and at least every five years from the date of preparation.
e) In the preparation of action plans for the regions close to the borders of neighboring countries, cooperation shall be made under the coordination of the Ministry of Foreign Affairs.
f) Providing prior and effective opportunities for participation in the preparation and review of the action plans, it is ensured that the institutions and organizations responsible for preparing the action plans are consulted to the public on the basis of the action plans, the results of these participation are taken into consideration and the public is informed about the decision taken. This information is easily accessible and fully comprehensible. A text summarizing the most important points of information is published in at least one high-circulation newspaper and a local newspaper. The documents related to the action plans shall be made available to the public for a period of four months from the publication of the announcement. Within this period, the opinions about the action plans are given in writing to the institutions and organizations preparing the action plans. Objections to be made after this period are not considered if they are not related to personal rights.
CHAPTER TEN
Public Information, Data Collection and Reporting
Informing the public
ARTICLE 31 - (1) Principles for informing the public are as follows:
a) Strategic noise maps and action plans made within the framework of the principles in Annex-IV and Annex-V in accordance with Articles 29 and 30 shall be made available to the public in accordance with the Law on Right to Information and Law No. 4982 of 9/10/2003. is published using.
b) Information on strategic noise maps and action plans shall be presented in a clear, fully understandable and easily accessible manner. A text summarizing the most important points of the information shall be published in at least one high-circulation newspaper and a local newspaper or on the Internet.
Collection and use of data by the Ministry
ARTICLE 32 - (1) The principles regarding the collection of data on strategic noise maps and action plans by the Ministry and ensuring the use of beneficiaries are stated below.
a) As stated in Annex-VI, information received from strategic noise maps and summaries of the action plans shall be sent to the Ministry at the latest within six months as of the dates specified in Articles 29 and 30.
b) Ministry; establishes a database of information on strategic noise maps to facilitate technical and information-providing tasks between institutions.
c) Every five years, the Ministry shall prepare a report summarizing the information on strategic noise maps and action plans and make them available to the relevant institutions and organizations. The first report is prepared until 18/6/2015.
CHAPTER ELEVEN
Evaluation of Enterprises, Facilities and Businesses in Terms of Environmental Noise
Assessment of environmental noise in enterprises and facilities subject to environmental permit or environmental permit and license certificate
ARTICLE 33 - (1) The criteria that will be the basis for environmental permits and environmental permits and licenses for the enterprises and facilities specified in Annex-1 and Annex-2 of the Regulation on Permits and Licenses to be Obtained by the Environmental Law are given below.
a) The environmental permits or environmental permits and license certificates of the enterprises and facilities specified in Annex-1 and Annex-2 of the Regulation on Permits and Licenses to be Obtained by the Environmental Law shall be executed within the framework of the Regulation on Permits and Licenses to be Obtained by the Environmental Law.
b) Environmental noise shall be assessed on the basis of an acoustic report to be prepared by institutions or organizations having expertise experience within the framework of paragraph (a) of the first paragraph of article 36 and the second paragraph of the same article and having obtained the prequalification / qualification certificate from the Ministry.
c) The acoustic report format and explanatory documents to be prepared for the facilities subject to environmental permit or environmental permit and license certificate shall be determined and published by the Ministry.
ç) In Annex-1 and Annex-2 of the Regulation on Permits and Licenses to be Obtained by the Environmental Law Enterprises and facilities exempted by the “*” sign, and enterprises and facilities that must obtain environmental permit or environmental permit and license certificate; Environment for facilities and facilities established before 7/3/2008 and those who have received an opening and working license, and at least 500 meters from very sensitive uses regardless of the date and license it has been established or located outside settlements where noise maps must be prepared within the framework of this Regulation. or environmental permits and licenses. However, upon request of the competent authority, it is compulsory to prepare an acoustic report for enterprises and facilities.
d) The opinion of the provincial directorate of environment and forest shall be taken for the enterprises and facilities to be exempted from the environmental permit and license certificate specified in (d).
Opening and working license
ARTICLE 34 - (1) The works and transactions in the stage of opening a workplace and granting a working license for the enterprises and facilities in Annex-1 and Annex-2 of the Regulation on Permits and Licenses to be Obtained by the Environmental Law; It is carried out within the framework of the Regulation on Opening and Working Licenses and the Regulation on Permits and Licenses to be Obtained by the Environmental Law.
(2) For places such as establishments, establishments, workplaces, workshops, workshops located near, adjacent to, under, above which may affect very sensitive uses and not included in Annex-1 and Annex-2 of the Regulation on Permits and Licenses to be Obtained by the Environmental Law, In the opening and working licenses to be given within the scope of Regulation on Opening and Working Licenses by the competent authority environmental noise assessment is required, environmental noise level assessment report is requested when necessary and the appropriate opinion of the competent authority is taken as basis.
Environmental noise level assessment procedure in planned enterprises
ARTICLE 35 - (1) When evaluating the environmental noise level in the planned enterprises; The environmental impact assessment report to be prepared for the facilities and activities that are not marked with “* inde in Annex-1 and Annex-2 of the Regulation on Permits and Licenses to be Obtained by the Environmental Law and listed in Annex-I of the Environmental Impact Assessment Regulation should be prepared in the format of the format to be determined by the Ministry, except for capacity increase.
CHAPTER TWELVE
Evaluation Criteria for Preparing Reports, Maps and Action Plans
Principles and criteria for expertise experience
ARTICLE 36 - (1) The principles and criteria for the expertise experience are as follows:
a) The persons who will prepare acoustic reports specified in this Regulation for the establishments and facilities in Annex-1 and Annex-2 of the Regulation on Permits and Licenses to be Obtained by the Environmental Law, must have the level of expertise to graduate from the faculties of engineering, architecture and science and to carry out these studies,
b) Persons who will prepare environmental noise level assessment report for enterprises and facilities, workshops, workshops, work places, entertainment places and similar which are not included in Annex-1 and Annex-2 of the Regulation on Permits and Licenses to be Obtained by the Environmental Law. Graduates of faculties and have the level of expertise to carry out these studies,
c) In the Environmental Impact Assessment process, the persons who will evaluate the environmental noise and measure the background noise level should have the degree of expertise in engineering, architecture and science faculties of the universities and will be able to carry out these studies,
ç) The persons preparing the noise map in accordance with Article 29 must have graduated from the engineering, architecture and science faculties of universities and have the level of expertise to carry out these studies, preferably participating in the preparation of noise maps in national or international projects and similar studies,
d) To prepare an action plan in accordance with Article 30 and to make assessments on the building acoustics in accordance with paragraph (a) of the first paragraph of Article 28, graduates from engineering, architecture and science faculties of universities and preferably have the level of expertise to carry out these works, planning, noise barrier and similar issues,
e) Those who will evaluate according to Article 25, must have the level of expertise to graduate from the faculties of engineering, architecture and science of universities and carry out these studies.
It is mandatory.
(2) The principles for the expertise required for each of paragraphs (a), (b), (c), (ç), (d) and (e) of the first paragraph shall be determined by the Ministry.
(3) The instructors who have done theoretical or practical studies on the subjects prepared and announced by the Ministry and those who have completed the master's and doctoral programs in these fields are considered as experts at the level to carry out the studies mentioned in the first paragraph.
Qualification requirements for measurements and calculations
ARTICLE 37 - (1) The qualification requirements for measurements and calculations are as follows:
(a) prepare an acoustical report for enterprises and facilities subject to environmental permits or environmental permits and licenses; Pre-qualification certificate obtained from the Ministry in accordance with the standards for measurement and calculation given for the enterprises in Annex-II-2.1,
b) prepare an environmental noise level assessment report for the assessment of the environmental noise level resulting from enterprises and facilities, workshops, workshops, workplaces, entertainment facilities and similar establishments that are not subject to environmental permits or environmental permits and licenses; Pre-qualification certificate obtained from the Ministry in accordance with the standards regarding measurement and calculation given for facilities not subject to authorization in Annex-II-3,
c) measure background noise levels during the environmental impact assessment process; According to the measurement standards given in Annex-II-2.2, the prequalification certificate obtained from the Ministry,
d) prepare noise maps for transportation and settlement areas; Licensed software program for calculation of noise map given in Annex-II-1.1,
d) prepare an action plan for the settlement area and transportation resources and nearby areas and conduct insulation assessment studies on the buildings; According to the standards given in Annex-II-4, the prequalification / qualification certificate obtained from the Ministry and the calculation methods or related software program,
e) use assessment methods for the level of environmental vibration in Annex-II-5 to the prequalification / qualification document received from the Ministry
must have.
(2) The Ministry shall publish the list of the institutions / organizations to which the prequalification / qualification certificate is given and the cancellation and modification information in the list on its website.
Principles and criteria for preparing reports, maps and action plans
ARTICLE 38 - (1) Those who will prepare reports, maps and action plans;
a) For the operations and facilities in Annex-1 and Annex-2 of the Regulation on Permits and Licenses to be Obtained by the Environmental Law, an acoustic report shall be prepared based on the environmental permit or environmental permit and license certificate. (a) of the first paragraph of
b) Article 36 (1) of the first paragraph of Article 36 for the preparation of environmental noise level assessment report for enterprises and facilities, workshops, workshops, work places, entertainment places and the like not included in Annex-1 and Annex-2 of the Regulation on Permits and Licenses to be Obtained by the Environmental Law (b) and the conditions set out in paragraph (b) of the first paragraph of Article 37,
c) Article 36 of the first article of Article 36, which will prepare an acoustic report for the enterprises in the Annex-I list of the Environmental Impact Assessment Regulation and the Annex-1 and Annex-2 of the Regulation on Permits and Licenses to be Obtained by the Environmental Law and for the environmental impact assessment process for transportation resources. the conditions laid down in paragraph (c) of paragraph (c) and paragraph (c) of first paragraph of Article 37,
ç) The conditions laid down in paragraph (d) of the first paragraph of Article 36 and paragraph (d) of the first paragraph of Article 37 of those to prepare noise maps for the transportation sector and settlement areas within the framework of this Regulation,
d) The conditions laid down in paragraph (d) of the first paragraph of Article 36 and paragraph (d) of the Article 37 of those who will prepare an action plan for the places close to the settlement area and transportation resources within the framework of this Regulation and who will conduct insulation assessment studies in the buildings,
e) The conditions laid down in paragraph (e) of Article 36 (1) and paragraph (e) of Article 37 (1) of those to measure and evaluate the environmental vibration.
must provide.
CHAPTER THREE
Evaluation of Complaints, Audit and Administrative Sanctions
Evaluation of complaints or audit
ARTICLE 39 - (1) The following principles shall be complied with in the evaluation of the complaints arising from the problems experienced on the basis of noise sources or scheduled and unscheduled audits:
a) Audits to be carried out in order to evaluate the complaint, with or without program, in accordance with the principles laid down in this Regulation; municipalities within the boundaries of the municipality and within the contiguous area; by the special provincial administrations whose authority is transferred outside the municipal boundaries and adjacent areas; In case the transfer of authority is not made, it shall be carried out by the Provincial Directorates of Environment and Forestry in cooperation and coordination with the institutions and organizations authorized under the other legislation when necessary.
b) In institutions and organizations that have been delegated authority for the evaluation, audit and administrative sanctions of complaints; Establishment of the Environmental Inspection Unit, assignment of at least 2 personnel with the expertise determined by the Ministry, at least one of these personnel is a four-year university graduate and the other personnel who will participate in the task under the supervision of this person graduated from two-year high school or high school and equivalent schools and within the scope of this Regulation. It is obligatory to have the measurement equipment in accordance with the principles and standards introduced.
c) In the audits performed, if it is determined that the limit values given in this Regulation are exceeded, the principles regarding the issuance, closure and similar applications shall be determined by the personnel or unit carrying out the supervision, depending on the noise disturbance and the nature of the measure to be taken to provide the limit values.
Preparation of explanatory documents
ARTICLE 40 - (1) For the implementation of this Regulation; The Ministry shall prepare and publish all kinds of documents such as noise mapping, noise control measures, principles for expertise, acoustic and environmental noise level assessment report, explanatory documents on measurement methods and explanatory documents to clarify administrative sanctions.
(2) The procedures and principles for determining the background noise level specified in this Regulation shall be determined by the Ministry.
Administrative sanctions
ARTICLE 41 - (1) Administrative sanctions stipulated in Article 20 of the Law on Misdemeanors and Law No. 5326 dated 30/3/2005 shall be applied to those who violate the provisions of this Regulation.
PART FOURTEEN
Miscellaneous and Final Provisions
Repealed regulation
ARTICLE 42 - (1) The Regulation on Evaluation and Management of Environmental Noise published in the Official Gazette dated 7/3/2008 and numbered 26809 (2002/49 / EC) has been repealed.
Monitoring of noise in airports
PROVISIONAL ARTICLE 1 - (1) Noise measurement / control / monitoring system specified in paragraph (c) of the first paragraph of Article 20 shall be established until 7/3/2011.
Aircraft compensation for
PROVISIONAL ARTICLE 2 - (1) The principles regarding the noise compensation specified in the sub-paragraph (ç) of the first paragraph of Article 20 shall be determined within 3 years after the entry into force of this Regulation.
Time for measures to be taken in open and semi-open entertainment places
PROVISIONAL ARTICLE 3 - (1) Very sensitive areas of use mentioned in paragraph (a) of the first paragraph of Article 24 existing open and semi-open entertainment places within 6 months by the decision of the Provincial Local Environmental Board determines.
(2) The principles specified in paragraph (c) of the first paragraph of Article 24 shall be fulfilled within one year after the entry into force of this Regulation.
Force
ARTICLE 43 - (1) This Regulation shall enter into force on the date of its publication.
Executive
ARTICLE 44 - (1) The provisions of this Regulation shall be executed by the Minister of Environment and Forestry.
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