5.50.100 Enforcement.

(1)    Compliance. For purposes of this section, “compliance” shall mean:

(a)    Fully implementing in good faith all mandatory program elements as well as provisions in the approved CTR program description and report;

(b)    Providing a complete CTR program description and report on the regular reporting date; and

(c)    Distributing and collecting the CTR program employee questionnaire (survey) during the scheduled survey time period.

(2)    Program Modification Criteria. The following criteria for achieving goals for VMT per employee and proportion of drive alone trips shall be applied in determining requirements for employer CTR program modifications:

(a)    If an employer meets either or both the employer has satisfied the objectives of the CTR plan and will not be required to modify the CTR program.

(b)    If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, but has not met the applicable drive alone or VMT goal no additional modifications are required.

(c)    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 drive alone or VMT reduction goal, the following steps shall be taken:

(i)    Modification Plan. The county shall work collaboratively with the employer to identify modification to the CTR program and shall direct the employer to revise its program within thirty (30) days to come into compliance with the measure defined by RCW 70.94.534(2) including specific recommended program modifications.

(ii)    Employer’s Response. The employer shall submit the modified CTR program and description, including the requested modifications or equivalent measures, within thirty (30) days of receiving the written notice described in subsection (2)(c)(i) of this section.

(iii)    The county shall review the revisions and notify the employer of acceptance or rejection of the modified plan.

(iv)    If the modified plan is not acceptable, the county will send written notice to that effect to the employer within thirty (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.

(v)    A final decision on the required program will be issued in writing by the county within ten (10) working days of the conference.

(3)    Violations. The following shall each constitute violations of this chapter if the established deadlines are not met:

(a)    Failure to develop and/or submit on time a complete CTR program;

(b)    Failure to implement all elements of an approved CTR program, unless the program elements that are carried out can be shown through quantifiable evidence to meet or exceed VMT and drive alone goals as specified in this chapter;

(c)    Failure to revise a CTR program as defined in RCW 70.94.534(4) and this chapter;

(d)    Failure to self-identify as an affected employer;

(e)    Failure to submit an annual report by the applicable deadline;

(f)    Submission of false or fraudulent data in response to survey requirements;

(g)    Failure to make a good faith effort, as defined in RCW 70.94.534;

(h)    Failure to perform a baseline measurement, including:

(i)    Employers notified or that have identified themselves to the county within ninety (90) days of the ordinance codified in this chapter being adopted and that do not perform a baseline measurement consistent with the requirements specified by the county within ninety (90) days from the notification or self-identification;

(ii)    Employers not identified or self-identified within ninety (90) days of the ordinance codified in this chapter being adopted and that do not perform a baseline measurement consistent with the requirements specified by the county within ninety (90) days from the adoption of the ordinance codified in this chapter. (Sec. 3 of Ord. 2010-01-07)