COUNCIL OF THE CITY OF PHILADELPHIA2 PUBLIC HEALTH and HUMAN SERVICES COMMITTEE - - - Room 400, City Hall Philadelphia, Pennsylvania5 Tuesday, April 19, 2011, 10:20 a.m. - - - BILL 110070 - An ordinance amending certain8 sections of Title 3, Air Management Code, of the Philadelphia Code relating to the license9 and permit fees and other charges by modifying the amount of such fees, under certain terms10 and conditions. COMMITTEE MEMBERS PRESENT: Marian B. Tasco, Chair James F. Kenney14 Frank Rizzo - - -16 2 4.14.11 HEALTH/HUMAN SVCS. - Bill 1100701
Let me2 just say the Council Committee on Public3 Health and Human Services will come to4 order. We're going to open up the public5 hearing regarding the gas inspection6 fees, Bill No. 110070 to hear testimony,7 and then we may have to come back later8 and establish a quorum to take action.9 Today we have a conflict with10 an event that's being held by one of our11 Councilmembers, so our quorum is not12 present, but we don't want to keep you13 waiting, so we'll ask the Clerk to please14 read the built.15
Bill No. 110070, an16 ordinance amending certain sections of17 Title 3, Air Management Code of the18 Philadelphia Code relating to the license19 and permit fees and other charges by20 modifying the amount of such fees, under21 certain terms and conditions.22
All right.23 do we have someone from -- Miss Nan24 Feyler, from the Health Department, and25 3 4.14.11 HEALTH/HUMAN SVCS. - Bill 1100701 Mr. Ed Braun2 (Witnesses come forward.)3
Yes. Good4 morning. Please state your name for the5 record and proceed.6
My name is Nan7 Feyler. I am the Chief of Staff of the8 Philadelphia Department of Public Health.9 With me is Ed Braun of the Air Management10 Services Division.11 May I proceed?12
Thank you.15 Good morning, Chairwoman Tasco16 and members of the Committee on Public17 Health and Human Services. I am Nan18 Feyler of the Department of Public19 Health. And, as I mentioned, with me is20 Ed Braun of Air Management Services.21 Thank you for the opportunity22 to present testimony on Bill No. 110070,23 which was introduced by Councilman24 Kenney. This bill amends certain25 4 4.14.11 HEALTH/HUMAN SVCS. - Bill 1100701 sections of Title 3, the Air Management2 Code of the Philadelphia Code relating to3 license and permit fees and other charges4 by modifying the amount of such fees,5 under certain terms and conditions.6 AMS, Air Management Services,7 of the Department of Public Health, is8 the local pollution-control agency; and,9 as such, AMS monitors air pollutants and10 enforces City, state, and federal air11 quality standards.12 The Philadelphia Air Management13 Code requires that gas stations be14 inspected and licensed on an annual15 basis. And currently, there 281 gas16 stations in Philadelphia. These17 inspections are important to ensure that18 all pollution-control equipment is fully19 operational and that gasoline vapors are20 controlled either from gas dispensers21 used for fueling individual vehicles or22 from container-truck delivery to the gas23 station's underground tanks.24 Currently, the Air Management25 5 4.14.11 HEALTH/HUMAN SVCS. - Bill 1100701 Code requires $400 for inspections of2 several sources, including in the3 catchall category entitled "Other." This4 category includes inspections of gas5 stations, dry cleaners, solvent6 degreasing machines, and a long list of7 other sources.8 We have conducted a more9 granular analysis to separate out the10 costs of the department for gas station11 inspections and have determined our12 actual cost for this activity alone to be13 $275 for the annual inspection and $43914 for new installations.15 As a result, we respectfully16 request that the annual gas station17 license and inspection fee be reduced to18 $275 annually and the one-time19 installation fee should remain at $400.20 We understand that Councilman21 Kenney has proposed an amendment22 reflecting these changes. we appreciate23 Councilman Kenney's willingness to24 discuss our costs and propose this25 6 4.14.11 HEALTH/HUMAN SVCS. - Bill 1100701 amendment which we support. We also2 thank him for bringing this issue to our3 attention.4 Of the 122 notices of5 violations issued by AMS to gas station6 owners since 2009, 40 have been for7 emissions-related violations. Some of8 these violations include visible gasoline9 vapor leaks, tears and damages to the10 emission-control equipment, and failure11 to tag and remove from service defective12 components.13 Gas vapors add to14 Philadelphia's ozone pollution, which15 endangers the public's health and16 contributes to Philadelphia's17 non-attainment of federal ozone18 standards.19 Since the beginning of 200920 until now, AMS has conducted a total of21 338 inspections and issued a total of 12222 notices of violations. In 2009, AMS23 conducted 164 inspections and issued 4924 notices of violation. In 2010, AMS25 7 4.14.11 HEALTH/HUMAN SVCS. - Bill 1100701 conducted a 117 inspections, which2 resulted in 54 violations. And thus far,3 in 2011, there have been 57 inspections,4 of which 19 have resulted in violations.5 At one point, AMS lacked its6 full complement of five fully-trained7 inspectors, which resulted in fewer8 stations being inspected. With full9 staffing this year, AMS will conduct10 annual inspections of each of the 281 gas11 stations in Philadelphia.12 Thank you again to Councilman13 Kenney and his staff for working14 collaboratively with us and allowing us15 to present testimony on this issue. I16 will be happy to answer any questions17 that you have.18
Thank you.19 The Chair recognizes Councilman20 Kenney.21
Thank you,22 Madam Chair.23 And Miss Feyler and Mr. Braun,24 thank you for your cooperation during25 8 4.14.11 HEALTH/HUMAN SVCS. - Bill 1100701 this process.2 Madam Chair, this is a3 seemingly minor issue relative to the4 overall scheme of things of the City, but5 it does represent the kind of fee6 problems that small businesses experience7 every day. And I want to thank the8 department for actually itemizing the9 costs associated with the fee.10 Far too many times, small11 businesses in the City think that,12 somehow, we just impose these fees in an13 effort to raise revenue as opposed to14 paying for the cost of service.15 And what we hope to do after16 the budget's done and before we leave or17 maybe in the fall is have overall18 hearings on the fee structures in the19 City and ask each department to kind of20 come forward with this kind of21 itemization so we can determine how we22 can save small business some money and23 keep them in business.24 So I want to thank you very25 9 4.14.11 HEALTH/HUMAN SVCS. - Bill 1100701 much for your all of your cooperation in2 this regard.3 As I think the Chairperson4 realizes, we don't have a quorum today to5 vote it out of committee, but we wanted6 to take testimony so you didn't have to7 come back at another another time.8
Okay.16 Thank you very much for your testimony.17 Is there anyone else here to18 testify on this bill?19 (No response.)20
Okay.21 Well, we're going to recess this22 committee until Thursday, April 28, at23 9:30 a.m. Hopefully, we'll have this on24 a Council day. We'll have a quorum and25 10 4.14.11 HEALTH/HUMAN SVCS. - Bill 1100701 we'll come in and pass the amendment and2 vote the bill out of committee.3 Thank you.4
Thank you.6 (Proceedings end at 10:30 a.m.)7 * * *8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 C E R T I F I C A T E1 2 I HEREBY CERTIFY that the3 proceedings of the City of Philadelphia4 Council Committee on Public Health and Human5 Services are contained fully and accurately in6 the stenographic notes taken by me on Tuesday,7 April 19, 2011, and that this is a true and8 correct statement of same.9 10 11 12 _________________________________ 13 JOSEPHINE CARDILLO Registered Professional Reporter14 15 16 17 18 19 (The foregoing certification of20 this transcript does not apply to any21 reproduction of the same by any means, unless22 under the direct control and/or supervision of23 the certifying reporter.)24