32.40.100 Enforcement.
(1) Enforcement of this chapter shall be pursuant to chapter 30.85 SCC.
(2) No affected employer may be held liable for failure to reach the applicable SOV or VMT CTR goals.
(3) Each of the following shall constitute violations if compliance with this chapter is not met:
(a) Failure to submit on time a complete CTR program;
(b) Failure to fully implement on time an approved CTR program, unless the program elements carried out can be shown through quantifiable evidence to meet or exceed the CTR goals established in this chapter;
(c) Failure to timely modify an unacceptable CTR program as required by DPW;
(d) Failure to timely implement required CTR program modifications;
(e) Failure to timely submit an adequate annual progress report;
(f) Failure of a newly affected employer to timely identify itself to DPW;
(g) Submission of fraudulent data, with each day from the date of receipt of such data constituting a separate violation; or
(h) Failure to make a CTR good faith effort as defined in this chapter.
(4) Each day of each violation shall constitute a separate violation as per chapter 30.85 SCC. Fines for violations shall be $125.00 per day, per violation.
(5) An affected employer shall not be liable for civil penalties if failure to implement an individual element of a CTR program was the result of an inability to reach agreement within the preceding 12-month period with a certified collective bargaining agent under applicable laws where the issue was raised by the affected employer and pursued in good faith. Unionized affected employers shall be presumed to act in good faith compliance if they:
(a) Propose to a recognized union any provision of the affected 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 county and advise the union that the proposal being made is necessary for compliance with RCW 70.94.531. (Added by Ord. 92-163, Feb. 24, 1993; Amended by Ord. 93-140, Dec. 20, 1993, Eff date Dec. 30, 1993; Amended by Ord. 99-018 § 11, Mar. 24, 1999, Eff date Apr. 5, 1999; Amended by Ord. 02-098, Dec. 9, 2002, Eff date Feb. 1, 2003).