5.50.060 Applicability.

The provisions of this chapter shall apply to any affected employer within the geographic limits of the CTR plan adopted in Section 5.50.040. This chapter only applies when the CTR plan as approved in Section 5.50.040 designates the employer as affected based on location within the geographic limits of the plan. If the CTR plan affects the employer based on a location within a growth and transportation efficiency center, and the employer meets the criteria laid out for that center, then the center’s requirements will apply.

(1)    Notice of Applicability.

(a)    Publication of Notice. The county’s established public notification for adoption of or changes to an ordinance shall be utilized to notify potential employers of the enactment or subsequent changes to this chapter, including a summary of the ordinance or changes being proposed and a summary of any change to an employer’s applicability under the county ordinance. The notice of publication and the summaries shall also be sent via regular mail to each known affected employer within the jurisdiction.

(b)    Notice to Known Affected Employers. Upon enactment, known affected employers located in the county are to receive written notification that they are subject to the ordinance. Such notice shall be addressed to the company’s chief executive officer, senior official, CTR program manager, or registered agent at the worksite. Such notification shall provide ninety (90) days for the affected employer to perform a baseline measurement consistent with the measurement requirements specified by the county.

(c)    Self-Identification. Affected employers that, for whatever reason, do not receive notice within thirty (30) days of passage of this chapter and are either notified or identify themselves to the county within ninety (90) days of the passage of this chapter will be granted an extension to assure up to (90) days within which to perform a baseline measurement consistent with the measurement requirements specified by the county. Upon self-identification, such affected employers will be granted one hundred eighty (180) calendar days to develop and submit a CTR program.

(d)    Failure to Identify. Affected employers that have not been identified or do not identify themselves within ninety (90) days of passage of this chapter and do not perform a baseline measurement consistent with the measurement requirements specified by the county within ninety (90) days from the passage of the chapter are in violation of this chapter.

(e)    Potential Affected Employer. Any existing employer or new employer (of seventy-five (75) or more persons) that obtains a site plan review approval in Clark County subsequent to the effective date of this chapter shall be required to complete a questionnaire that assesses whether or not an employer will be deemed affected or nonaffected in accordance with the provisions of this chapter.

(f)    Baseline Measurement. If an affected employer has already performed a baseline measurement, or an alternative acceptable to the county under previous iterations of the ordinance codified in this chapter, the employer is not required to perform another baseline measurement.

(2)    Newly Affected Employers.

(a)    Definition of Newly Affected Employer. Employers meeting the definition of “affected employer” in this chapter must identify themselves to the county within ninety (90) days of either moving into the boundaries outlined in the CTR plan or growing in employment at a worksite to one hundred (100) or more affected employees. Employers who do not identify themselves within ninety (90) days are in violation of this chapter.

(b)    Baseline Survey. Newly affected employers identified as such shall be given ninety (90) days to perform a baseline measurement consistent with the measurement requirements specified by the county. Employers who do not perform a baseline measurement within ninety (90) days of receiving written notification that they are subject to this chapter are in violation of this chapter.

(c)    CTR Program Submittal. Not more than ninety (90) days after receiving written notification of the results of the baseline measurement, the newly affected employer shall develop and submit a CTR program to the county. The program will be developed in consultation with the county to be consistent with the goals of the CTR plan adopted in Section 5.50.050. The program shall be implemented not more than ninety (90) days after approval by the county. Employers who do not implement an approved CTR program according to this schedule are in violation of this chapter and subject to the penalties outlined in Section 5.50.110.

(3)    Change in status as an affected employer. Any changes in an employer’s status will change the employer’s CTR program requirements.

(a)    Nonaffected Employer. If an employer initially designated as an affected employer no longer employs one hundred (100) or more affected employees and expects not to employ one hundred (100) or more affected employees for the next twelve (12) months, that employer is no longer an affected employer for the purposes of this chapter. It is the responsibility of the employer to notify the county that it is no longer an affected employer. The burden of proof lies with the employer.

(b)    Change in Status within Twelve (12) Month Period. If the same employer returns to the level of one hundred (100) or more affected employees within the same twelve (12) months, that employer will be considered an affected employer for the entire twelve (12) months and will be subject to the same program requirements as other affected employers.

(c)    Change in Status in a Greater than Twelve (12) Month Period. If the same employer returns to the level of one hundred (100) or more affected employees twelve (12) or more months after its change in status to an unaffected employer, that employer shall be treated as a newly affected employer and will be subject to the same program requirements as other newly affected employers. (Sec. 3 of Ord. 2010-01-07)