[1]
Prior legislation: Ord. 1777.
For the purpose of this chapter, the following definitions shall apply in the interpretation and enforcement of this chapter:
"Affected employee"
means a full-time employee who is scheduled to begin his or her regular workday at a single worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays per week for at least 12 continuous months. For the purposes of this chapter, shareholders, principals and associates in a corporation, partners (general or limited) in a partnership and participants in a joint venture are to be considered employees.
"Affected employer"
means a public or private employer that, for 12 continuous months, employs 100 or more full-time employees at a single worksite who are scheduled to begin their regular workday between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays. The individual employees may vary during the year. Construction worksites, when the expected duration of the construction is less than two years, are excluded from this definition.
"Alternative mode"
means any type of commute transportation other than that in which the single-occupant motor vehicle is the dominant mode, including telecommuting and compressed workweeks if they result in reducing commute trips.
"Alternative work schedules"
means programs such as compressed workweeks that eliminate work trips for affected employees.
"Base year"
means the period on which goals for vehicle miles traveled (VMT) per employee and proportion of single-occupant vehicle (SOV) trips shall be based.
"Carpool"
means a motor vehicle occupied by two to six people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle commute trip.
"Chief executive officer (CEO)"
means the highest ranking official at an employer worksite, who may or may not be the company CEO.
"City"
means the city of Enumclaw.
"Commuter matching service" or "ride matching"
means a system that assists in matching commuters for the purpose of commuting together.
"Commute trips"
mean trips made from a worker's home to a worksite with a regularly scheduled arrival time of 6:00 a.m. to 9:00 a.m. (inclusive) on weekdays.
"Compressed workweek"
means an alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least one workday every two weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. This definition is primarily intended to include weekly and biweekly arrangements, the most typical being four 10-hour days or 80 hours in nine days, but may also include other arrangements. Compressed workweeks are understood to be an ongoing arrangement.
"CTR"
means the Commute Trip Reduction Act, 1991 Legislature (Chapter 202, Section 10 to 19) and incorporated into the Washington Clean Air Act as RCW 70.94.521 through 70.94.551.
"CTR plan"
means the city of Enumclaw's plan to regulate and administer the CTR programs of affected employers within its jurisdiction.
"CTR program"
means an employer's strategies to reduce affected employees' SOV use and VMT per employee.
"CTR zone"
means an area, such as a census tract or combination of census tracts, within Enumclaw characterized by similar employment density, population density, level of transit service, parking availability, access to high-occupancy vehicle facilities, and other factors that are determined to affect the level of SOV commuting.
"Dominant mode"
means the mode of travel used for the greatest distance of a commute trip.
"Employee"
means anyone who receives financial or other remuneration in exchange for work provided to an employer, including owners or partners of the employer.
"Employer"
means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district or other individual or entity, whether public, nonprofit or private, that employs workers.
"Flex-time"
is an employer policy allowing individual employees some flexibility in choosing the time, but not the number, of their working hours to facilitate the use of alternative modes.
"Full-time employee"
means a person, other than an independent contractor, scheduled to be employed on a continuous basis for 52 weeks per year for an average of at least 35 hours per week.
"Good faith effort"
means an employer's act of meeting the minimum requirements identified in RCW 70.94.531 and this chapter and working collaboratively with the local jurisdiction to continue their existing program or to develop and implement program modifications likely to result in improvements to the program over an agreed upon length of time.
"Implementation"
means active pursuit by an employer of the CTR goals of RCW 70.94.521 through 70.94.551 and this chapter as evidenced by appointment of a transportation coordinator, distribution of information to employees regarding alternatives to SOV commuting, and commencement of other measures according to their CTR program and schedule.
"Mode"
means the type of transportation used by employees, such as a single-occupant motor vehicle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle and walking.
"Peak period"
means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.
"Peak period trip"
means any employee trip that delivers the employee to begin his or her regular workday between 6:00 a.m. and 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.
"Proportion of single-occupant vehicle trips" or "SOV rate"
means the number of commute trips over a set period made by affected employees in SOVs divided by the number of affected employees working during that period.
"Single-occupant vehicle (SOV)"
means a motor vehicle occupied by one employee for commute purposes, including a motorcycle.
"Single-occupant vehicle (SOV) trips"
means trips made by affected employees in SOVs.
"Single worksite"
means a building or group of buildings on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights-of-way occupied by one or more affected employers.
"Telecommuting"
means the use of telephones, computers or other similar technology to permit an employee to work from home, eliminating a commute trip, or to work from a work place closer to home, reducing the distance traveled in a commute trip by at least one-half.
"Transportation management association (TMA)"
means a group of employers or an association representing a group of employers in a defined geographic area. A TMA may represent employers within specific city limits, or may have a sphere of influence that extends beyond city limits.
"Vehicle miles traveled (VMT) per employee"
means the sum of the individual vehicle commute trip lengths in miles made by affected employees over a set period divided by the number of affected employees during that period.
"Waiver"
means an exemption from CTR program requirements granted to an employer by the city based on unique conditions that apply to the employer or employment site.
"Week"
means a seven-day calendar period, starting on Monday and continuing through Sunday.
"Weekday"
means any day of the week except Saturday or Sunday.
(Ord. 1963 § 1, 1998)
The commute trip reduction goals for employers affected by this chapter are to achieve the following reductions in vehicle miles traveled per employee as well as in the proportion of single-occupant vehicles from the base year value of Enumclaw's CTR zone:
A. 
Fifteen percent by January 1, 1995 or two years after the date of initial program implementation;
B. 
Twenty percent by January 1, 1997 or four years after the date of initial program implementation;
C. 
Twenty-five percent by January 1, 1999 or six years after the date of initial program implementation;
D. 
Thirty-five percent by January 1, 2005 or 12 years after the date of initial program implementation.
(Ord. 1963 § 1, 1998)
A. 
Employers in the city fall within the rural King County CTR zone. The boundaries of this zone are shown on the map in Attachment B, attached to the ordinance codified in this chapter and on file with city clerk.
B. 
Affected employers may choose to do a baseline survey to determine site specific baseline values as opposed to using the values as established by the designated CTR zone. Affected employers wishing to use site specific baseline values shall complete a baseline survey within one year of notification. Employers which become subject to the provisions of this chapter after January 1, 1998, are required to complete a baseline survey within one year of obtaining affected employer status.
C. 
The base year value of this zone for proportion of SOV trips shall be 90 percent. The base year value for vehicle miles traveled (VMT) per employee shall be set at 9.0 miles. Commute trip reduction goals for major employers shall be calculated from these values. Therefore, affected employers in the city shall establish programs designed to result in SOV rates of not more than 77 percent after two years, 72 percent after four years, 68 percent after six years, and 59 percent after 12 years and VMT per employee of not more than 7.7 miles after two years, 7.2 miles after four years, 6.8 miles after six years, and 5.9 miles after 12 years.
(Ord. 1963 § 1, 1998)
The public works administration shall be responsible for implementing this chapter, the CTR plan, and the city's CTR program for its own employees. The public works director or designee shall have the authority to issue such rules and administrative procedures as are necessary to implement this chapter.
(Ord. 1963 § 1, 1998)
The provisions of this chapter shall apply to any affected employer at any single worksite within the corporate limits of the city of Enumclaw. Employees will only be counted at their primary worksite. The following classifications of employees are excluded from the counts of employees: (1) seasonal agricultural employees, including seasonal employees of processors of agricultural products; and (2) employees of construction worksites when the expected duration of the construction is less than two years.
(Ord. 1963 § 1, 1998)
A. 
In addition to Enumclaw's established public notification for adoption of an ordinance, a notice of availability of a summary of the ordinance codified in this chapter, a notice of the requirements and criteria for affected employers to comply with the said ordinance and this chapter, and subsequent revisions shall be published at least once in a newspaper of general circulation published in Enumclaw within 30 days after passage of said ordinance or revisions.
B. 
Affected employers located in Enumclaw are to receive formal written notification by certified mail that they are subject to said ordinance and this chapter. Such notice shall be addressed to the company's chief executive officer, senior officer or CTR manager at the worksite. Such notification shall be at least 180 days prior to the due date for submittal of their CTR program.
C. 
Affected employers that, for whatever reason, do not receive notice within 30 days of passage of the ordinance and are either notified or identify themselves to the city within 180 days of the passage of the ordinance will be granted an extension up to 180 days within which to develop and submit a CTR program.
D. 
Affected employers that have not been identified or do not identify themselves within 180 days of the passage of the ordinance and do not submit a CTR program within 180 days from the passage of the ordinance are in violation of this chapter.
E. 
Any existing employer of 75 or more persons who obtain a business license in the city, subsequent to the passage of the ordinance codified in this chapter, will be required to complete an employer assessment form to determine whether or not an employer will be deemed affected or non-affected in accordance with the provisions of said ordinance.
(Ord. 1963 § 1, 1998)
A. 
Employers that meet the definition of "affected employer" in this chapter must identify themselves to the city within 180 days of either moving into the boundaries of Enumclaw or growing in employment at a worksite to 100 or more affected employees. Once they identify themselves, such employers shall be granted 180 days to develop and submit a CTR program.
B. 
Newly affected employers shall have two years to meet the first CTR goal of a 15 percent reduction in proportion of single-occupant vehicle (SOV) trips or vehicle miles traveled (VMT) per person from the base year values identified in EMC § 10.48.030; four years to meet the second goal of a 20 percent reduction; six years to meet the third goal of a 25 percent reduction; and 12 years to meet the fourth goal of a 35 percent reduction from the time they begin their program.
(Ord. 1963 § 1, 1998)
Any of the following changes in an employer's status will change the employer's CTR program requirements:
A. 
If an affected employer can document that it faces an extraordinary circumstance that will change its status as an affected employer, it can apply for an exemption (see EMC § 10.48.170).
B. 
If an employer initially designated as an affected employer no longer employs 100 or more affected employees and has not employed 100 or more affected employees for the past 12 months, that employer is no longer an affected employer. It is the responsibility of the employer to provide documentation to the city that it is no longer an affected employer.
C. 
If the same employer returns to the level of 100 or more affected employees within the same 12 months, that employer will be considered an affected employer for the entire 12 months and will be subject to the same program requirements as other affected employers.
D. 
If the same employer returns to the level of 100 or more affected employees 12 or more months after its change in status to an unaffected employer, that employer shall be treated as a new affected employer, and will be subject to the same program requirements as other new affected employers.
(Ord. 1963 § 1, 1998)
An affected employer is required to make a good faith effort, as defined in RCW 70.94.534(2) and this chapter, develop and implement a CTR program that will encourage its employees to reduce VMT per employee and SOV commute trips. Employers are encouraged to consider innovative strategies and combine program elements in a manner that will best suit their location, site characteristics, business type, and employees' commuting needs. The CTR program must include the mandatory elements described in this section, including submittal of a CTR program description and annual progress report. Transportation management associations may submit CTR program descriptions and annual reports on behalf of employers; however, each employer shall remain accountable for the success of its program.
A. 
Description of Employer's CTR Program. Each affected employer is required to submit a description of its CTR program to the city on the official form available from the public works administrative office. At a minimum, the employer's description must include:
1. 
General description of each employment site location within the city limits, including transportation characteristics, surrounding services, and unique conditions experienced by the employer or its employees;
2. 
Number of employees affected by the CTR program;
3. 
Documentation of compliance with the mandatory CTR program elements (as described in subsection B of this section);
4. 
Description of the additional elements included in the CTR program; and
5. 
Schedule of implementation, assignment of responsibilities, and commitment to provide appropriate resources to carry out the CTR program.
B. 
Mandatory Program Elements. Each employer's CTR program shall include the following mandatory elements:
1. 
Transportation Coordinator. The employer shall designate a transportation coordinator to administer the CTR program. The coordinator's and/or designee's name, location, and telephone number must be displayed prominently at each affected worksite. The coordinator shall oversee all elements of the employer's CTR program and act as liaison between the employer and the city. An affected employer with multiple sites may have one transportation coordinator for all sites.
2. 
Information Distribution. Information about alternatives to SOV commuting shall be provided to employees at least once a year. This shall consist of, at a minimum, a summary of the employer's program, including ETC name and phone number. Employers must also provide a summary of their program to all new employees at the time of hire. Each employer's program description and annual report must describe what information is to be distributed by the employer and the method of distribution.
3. 
Annual Progress Report. The CTR program must include an annual review of employee commuting and of progress and good faith effort toward meeting the SOV reduction goals. Affected employers shall file an annual progress report with the city in accordance with the format established by this chapter and consistent with the CTR task force guidelines. The report shall describe each of the CTR measures that were in effect for the previous year, the result of any commuter surveys undertaken during the year, and the number of employees participating in the CTR program. Within the report, the employer should evaluate the effectiveness of the CTR program and, if necessary, propose modifications to achieve the CTR goals. Survey information or approved alternative information must be provided in the reports submitted in the second, sixth, eight, and twelfth years after implementation begins. The employer should contact the public works director or designee for the format to report.
4. 
Additional Program Elements. In addition to the specific program elements described above, the employer's CTR program shall include a set of measures designed to meet CTR goals, as described in the city's administrative procedures. Elements may include, but are not limited to, the following:
a. 
Provisions of preferential parking or reduced parking charges, or both, for high-occupancy vehicles;
b. 
Instituting or increasing parking charges for SOVs;
c. 
Provisions of commuter ride matching services to facilitate employee ride-sharing for commute trips;
d. 
Provision of subsides for transit fares;
e. 
Provision of vans for vanpools;
f. 
Provisions of subsidies for carpools or vanpools;
g. 
Permitting flexible work schedules to facilitate employees' use of transit, carpool, and vanpool users;
h. 
Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work; and
i. 
Establishment of a program of alternative work schedules, such as a compressed work week which reduces commuting.
(Ord. 1963 § 1, 1998)
Affected employers shall maintain all records required by the public works director or designee for the duration of this chapter.
(Ord. 1963 § 1, 1998)
A. 
CTR Program. Not more than 180 days after the adoption of the ordinance codified in this chapter, or within six months after an employer becomes subject to the provisions of this chapter, the employer shall develop a CTR program and shall submit to the city a description of that program for review.
B. 
Document Review. The city shall provide the employer with written notification when a CTR program is deemed unacceptable. The notification must give cause for any rejection. If the employer receives no written notification of extension of the review period of its CTR program or comment on the report is deemed acceptable. The city may extend the review period up to 90 days. The implementation date for the employer's CTR program will be extended an equivalent number of days.
C. 
Modification of CTR Program Elements. Any affected employer may submit a request to the city for modification of CTR program elements, other than the mandatory elements specified in this chapter, including record keeping requirements. Such request may be granted if one of the following conditions exist:
1. 
The employer can demonstrate it would be unable to comply with the CTR program elements for reasons beyond the control of the employer; or
2. 
The employer can demonstrate that compliance with the program elements would constitute an undue hardship. This may include evidence from employee surveys administered at the worksite: first, in their base year, showing that the employer's own base year values of VMT per employee and SOV rates were higher than the CTR zone average; and/or secondly, in the goal measurement year(s), showing that the employer has achieved reductions from its own base year values that are comparable to the reduction goals for the employer's CTR zone.
D. 
Extensions. An employer may request additional time to submit a CTR program or CTR annual progress report, or to implement or modify a program. Such requests shall be made in writing before the due date for which the extension is being requested. Requests for extensions must be made prior to the due date any time a program submission is going to be more than one week late. Extensions not to exceed 90 days shall be considered for reasonable causes. Employers will be limited to a total of 90 allowed extension days per year. Extensions shall not exempt an employer from any responsibility in meeting program goals. Extensions granted due to delays or difficulties with any program element(s) shall not be cause for discontinuing or failing to implement other program elements. An employer's annual reporting date shall not be adjusted permanently as a result of these extensions. An employer's annual reporting date may be extended at the discretion of the public works director or designee.
E. 
Implementation of Employer's CTR Program. The employer shall implement the approved CTR program not more than 180 days after the program was first submitted to the city unless extensions allow for late implementation. Implementation of the approved programs that have been modified based on nonattainment of CTR goals must occur within 30 days following city approval of such modifications.
(Ord. 1963 § 1, 1998)
The city shall provide the employer with written notification indicating whether a CTR program was approved or deemed unacceptable.
A. 
Initial program descriptions will be deemed acceptable if:
1. 
All required information on the program description form is provided; and
2. 
The program description includes the following information:
a. 
Name, location and telephone number of the employee transportation coordinator for each worksite,
b. 
Plan for and documentation of regular distribution of information to employees about the employer's CTR program at the worksite, including alternatives to driving alone to work,
c. 
Plan for and implementation of at least one additional measure designed to achieve the applicable goal.
B. 
Annual reports will be deemed acceptable if the annual report form is complete and contains information about implementation of the prior year's program elements and proposed new program elements and implementation schedule. Annual reports must also contain a review of employee commuting and report of progress toward meeting SOV and/or VMT goals.
C. 
Beginning in 1995 or the base year date at which an employer becomes affected, the programs described in the annual reports will be deemed acceptable if the affected employer makes a good faith effort, as deemed in RCW 70.94.524(2) and this chapter, or either the SOV trip or the VMT per employee goals have been met. If neither goal has been met, the employer must propose modifications designed to make progress toward the applicable goal in the coming year. If the revised program is not approved, the city shall propose modifications to the program and direct the employer to revise its program within 30 days to incorporate those modifications or modifications which the jurisdiction determines to be equivalent.
(Ord. 1963 § 1, 1998)
An affected employer may request the city exempt them from CTR program requirements for a particular worksite. An exemption may be granted if and only if the affected employer demonstrates that it faces an extraordinary circumstance as a result of the characteristics of its business, its work force, or its location(s) and is unable to implement measures that could reduce the proportion of SOV trips and VMT per employee. Requests for waivers applying to the initial program submittal are due within three months after the employer has been notified that it is subject to this chapter and thereafter requests can be made at any time. Requests must be made in writing by certified mail or delivery, return receipt. The city shall review annually all employers receiving exemptions, and shall determine whether the exemption will continue to be in effect during the following program year.
(Ord. 1963 § 1, 1998)
Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite's CTR program. Exemptions may also be granted for employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. The city will use the criteria identified in the CTR task force guidelines to assess the validity of employee exemption requests. The city shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year.
(Ord. 1963 § 1, 1998)
A. 
Any affected employer may request a modification of CTR program goals. Such request shall be filed in writing at least 60 days prior to the date the worksite is required to submit its program description or annual report. The goal modification request must clearly explain why the worksite is unable to achieve the applicable goal. The worksite must also demonstrate that it has implemented all of the required elements contained in its approved CTR program.
B. 
The city will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR task force guidelines.
C. 
An employer may not request a modification of the applicable goals until one year after the city approval of its initial program description or annual report.
(Ord. 1963 § 1, 1998)
A. 
Leadership Certification. As public recognition for their efforts, employers with VMT per employee and proportion of SOV trips lower than the zone average will receive a commute trip reduction certification of leadership from the city.
B. 
Credit for Programs Implemented Prior to the Base Year. Employers with a successful TDM program implemented prior to the base year may be eligible to apply for program exemption credit, which exempts them from most program requirements. Affected employers wishing to receive credit for the results of existing TDM efforts may do so by applying to the city within 90 days of the adoption of the ordinance codified in this chapter. Application shall include data from a survey of employees or equivalent to establish the applicant's VMT per employee and proportion of SOV trips. The survey or equivalent data shall conform to all applicable standards established in the CTR task force guidelines. The employer shall be considered to have met the first measurement goals if their VMT per employee and proportion of SOV trips are equivalent to a 12 percent or greater reduction from the final base year CTR zone values. This three percentage point credit applies only to the first measurement goals.
C. 
Program Exemption Credit. Affected employers may apply for program exemption credits for the result of past or current TDM efforts by applying to the city within 90 days of adoption of the applicable CTR ordinance, or as part of any annual report. Application shall include results from a survey of employees, or equivalent information that establishes the applicant's VMT per employee and proportion SOV trips. The survey or equivalent information shall conform to all applicable standards established in the CTR task force guidelines.
Employers that apply for credit and whose VMT per employee and proportion of SOV trips are equal to or less than goals for one or more future goal years, and commit in writing to continue their current level of effort, shall be exempt from the requirements of the ordinance except for the requirements to report performance in the measurement years. If any of these reports indicate the employer does not satisfy the next applicable goal(s), the employer shall immediately become subject to all requirements of the CTR ordinance.
(Ord. 1963 § 1, 1998)
A. 
Purpose and Appointment of Members. The city may appoint member(s) from affected employers to regional or subregional employer peer review groups created through interlocal agreement with other jurisdictions. The specific functions of the peer review group shall be determined by the interlocal agreement.
B. 
Limitations of Peer Review Group. Any peer review group shall be advisory in nature. The city shall not be bound by any comments or recommendations of any peer review group.
(Ord. 1963 § 1, 1998)
A. 
Employers may file a written appeal of the city's final decisions regarding the following actions:
1. 
Rejection of an employer's proposed program;
2. 
Denial of an employer's request for a waiver or modification of any of the requirements under this chapter or a modification of the employer's program;
3. 
Denial of credits requested under EMC § 10.48.210 and § 10.48.220.
B. 
Such appeals must be filed with the city within 30 days after the employer receives notice of a final decision. Timely appeals shall be heard by the city council. Determinations on appeals shall be based on whether the decision being appealed was consistent with the state law.
(Ord. 1963 § 1, 1998)
A. 
Compliance. For purposes of this section "compliance" means submitting required reports and documentation at prescribed times and fully implementing in good faith all provisions in an accepted 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 goals, the employer has satisfied the objectives of the CTR program.
2. 
If an employer makes a good faith effort, as deemed 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 its CTR program. After agreeing on modifications, the employer shall submit a revised CTR program description to the city for approval within 30 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 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 description, including the requested modifications or equivalent measures, within 30 days of receiving 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 accepted, the city will send written notice to that affected employer within 30 days and, if necessary, require the employer to attend a conference with program review staff for the purpose of reaching a consensus on the required program. A final decision on the required program will be issued in writing by the city within 10 working days of the conference.
C. 
Violations. The following actions shall constitute a violation of this chapter:
1. 
Failure to develop and/or submit on time a complete CTR program, including:
a. 
Employers notified or that have identified themselves to the city within 180 days of the ordinance codified in this chapter being adopted and that do not submit a CTR program within 180 days from the notification or self-identification;
b. 
Employers not identified or self-identified within 180 days of the ordinance codified in this chapter being adopted and that do not submit or implement a CTR program within 180 days from the adoption of the ordinance;
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. Failure to implement a CTR program includes but is not limited to:
a. 
Failure of any affected employer to submit a complete CTR program within the deadlines specified in EMC § 10.48.120 through § 10.48.160,
b. 
Failure to submit required documentation for annual reports,
c. 
Submission of fraudulent data;
3. 
Failure to make a good faith effort, as defined in RCW 70.94.534(2) and this chapter; or
4. 
Failure to modify a CTR program found to be unacceptable by the city under EMC § 10.48.150.
D. 
Penalties.
1. 
No affected employer with an approved CTR program which has made a good faith effort may be held liable for failure to reach the applicable SOV or VMT goals.
2. 
Each day of failure by an employer to (a) implement a commute trip reduction program or (b) modify an unacceptable commute trip reduction program shall constitute a separate violation, subject to penalties as described in Chapter 7.80 RCW. The penalty for a violation shall be $250.00 per day.
3. 
An affected employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers 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. 1963 § 1, 1998)