12.90.030 Applicability.
The provisions of this chapter shall apply to any affected employer at any single work site within the City of Covington. Employees will be counted only at their primary work site. Seasonal agricultural employees, including seasonal employees of processors of agricultural products are excluded from the count of affected employees. It is the responsibility of the employer to notify the City of a change in status as an affected employer.
(1) Employers that meet the definition of an affected employer when the ordinance codified in this chapter becomes effective and that do not submit a CTR program description within 180 calendar days from approval of this chapter are in violation.
(2) An employer that meets the definition of affected employer after the ordinance codified in this chapter becomes effective must submit a CTR program description within 180 calendar days of the due date of the first quarterly submittal of Washington Employment Security Employer’s Quarterly Report of Employee’s Wages after having achieved affected employer status. An employer whose number of employees increases to 100 or more affected employees shall be considered an affected employer beginning with the due date of the next quarterly submittal of the Washington Employment Security Employer’s Quarterly Report of Employee’s Wages.
(3) If an affected employer no longer employs 100 or more affected employees and expects not to employ 100 or more affected employees for the next 12 months, that employer is no longer an affected employer beginning with the next quarterly submittal of the Washington Employment Security Employment Security Employers’ Quarterly Report of Employee’s Wages. It is the responsibility of the employer to provide documentation to the City that it is no longer an affected employer. If the same employer returns to the level of 100 or more affected employees within the same 12-month period, that employer will be considered an affected employer for the entire 12-month period and will be subject to the same program requirements as other affected employers.
If the same employer returns to the level of 100 or more affected employees more than 12 months after its change in status to an “unaffected” employer, that employer shall be treated as a new affected employer beginning with the due date of the next quarterly submittal of the Washington Employment Security Employer’s Quarterly Report of Employee’s Wages, and will be subject to the same program requirements as other new affected employers.
(4) An affected employer that has a work site located in both the City of Covington and an adjacent City or unincorporated area of King County may jointly, with one of those jurisdictions, petition the City in writing at least 60 calendar days prior to submittal of the employer’s CTR program description or annual report to request that the employer be allowed to report to, and be governed by, the applicable commute trip reduction laws and regulations of that jurisdiction. If such request is granted, it shall be in effect for as long as the City receives copies of the employer’s CTR program, annual reports and any administrative decisions or actions taken by the jurisdiction or its agents in regard to the employer. (Ord. 38-02 § 2 (12.60.030))