Article IV. General
46.68.120 Enforcement.
A. Compliance. For purposes of this section, compliance shall mean fully implementing in good faith all provisions in an approved CTR program.
B. Program Modification Criteria. The following criteria for achieving goals for VMT per employee and proportion of SOV trips shall be applied in determining requirements for employer CTR program modifications: (1) if an employer meets either or both of the applicable SOV or VMT goals, the employer has satisfied the objectives of the CTR plan and will not be required to modify the CTR program; (2) if an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, but has not met or is not likely to meet the applicable SOV or VMT goal, the city shall work collaboratively with the employer to make modifications to the CTR program. After agreeing on modifications, the employer shall submit a revised CTR program description to the city for approval within thirty days of reaching agreement; (3) if an employer fails to make a good faith effort as defined in RCW 70.94.534(2) and this chapter, and fails to meet the applicable SOV or VMT reduction goal, the city shall work collaboratively with the employer to identify modifications to the CTR program and shall direct the employer to revise its program within thirty days to incorporate the modifications. In response to the recommended modifications, the employer shall submit a revised CTR program description, including the requested modifications or equivalent measures, within thirty days of receiving written notice to revise its program. The city shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised program is not acceptable, the city will send written notice to that effect to the employer within thirty days and, if necessary, require the employer to attend a conference with program review staff for the purpose of reaching consensus on the required program. A final decision on the required program will be issued in writing by the city within ten working days of the conference.
C. Violations. The following constitute violations if the deadlines established in this chapter are not met:
1. Failure to develop and/or submit on time a complete program, including:
a. Employers notified or that have identified themselves to the city within one hundred eighty days of the ordinance codified in this chapter being adopted and that do not submit a CTR program within one hundred fifty days from the notification or self-identification; and
b. Employers not identified or self-identified within one hundred eighty days from the adoption of the ordinance codified in this chapter; or
2. Failure to implement an approved CTR program, unless the program elements that are carried out can be shown through quantifiable evidence to meet or exceed VMT and SOV goals as specified in this chapter; or
3. Failure to make a good faith effort, as defined in RCW 70.94.534(2) and this chapter; or
4. Failure to revise a CTR program as defined in RCW 70.94.534(4) and this chapter.
D. Penalties.
1. No major employer may be held liable for civil penalties for failure to reach the applicable SOV or VMT goal.
2. Each day of failure to implement the CTR program required by this chapter shall constitute a separate violation, subject to the penalties described in Chapter 7.80 RCW. Fines for violations shall be one hundred twenty-five dollars.
3. It shall not be considered a failure to implement the CTR program, if an employer’s inability to implement an element of a CTR program was the result of an inability to reach agreement within the preceding twelve-month period with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Employers of union organized employees shall be presumed to act in good faith compliance if they:
a. Propose to a recognized union any provision of the employer’s CTR program that is subject to bargaining as defined by the National Labor Relations Act; and
b. Advise the union of the existence of the statute and the mandates of the CTR program approved by the city and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531). (Ord. 2277-98 Ch. 4 § A, 1998.)