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The provisions of this chapter shall apply to any affected employer at any single work site within the corporate limits of the city of Selah.

(1) Notification of Applicability.

(A) In addition to city of Selah established public notification for adoption of an ordinance, a notice of availability of a summary of this chapter, a notice of the requirements and criteria for affected employers to comply with the ordinance, and subsequent revisions shall be published at least once in the city of Selah's official newspaper not more than thirty days after passage of the ordinance codified in this chapter or revisions

(B) Affected employers located in the city of Selah are to receive written notification that they are subject to this chapter. Such notice shall be addressed to the company's chief executive officer, senior official, CTR manager, or registered agent at the work site. Such notification shall provide ninety days for the affected employer to perform a baseline measurement consistent with the measurement requirements specified by the city of Selah.

(C) Affected employers who, for whatever reason, do not receive notice within thirty days of passage of the ordinance codified in this chapter and are either notified or identify themselves to the city of Selah within ninety days of the passage of the ordinance codified in this chapter will be granted an extension to assure up to ninety days within which to perform a baseline measurement consistent with the measurement requirements specified by the city of Selah.

(D) Affected employers who have not been identified or do not identify themselves within ninety days of the passage of the ordinance and do not perform a baseline measurement consistent with the measurement requirements specified by the city of Selah ninety days from the passage of the ordinance codified in this chapter are in violation of this chapter.

(E) If an affected employer has already performed a baseline measurement or an alternative acceptable to the city of Selah, under previous iterations of this chapter, the employer is not required to perform another baseline measurement.

(2) Newly Affected Employers.

(A) Employers meeting the definition of "affected employer" in this chapter must identify themselves to the city of Selah within ninety days of either moving into the boundaries outlined in the CTR plan adopted in Section 8.84.020 of this chapter or growing in employment at a work site to one hundred or more affected employees. Employers who do not identify themselves within ninety days are in violation of this chapter.

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

(C) Not more than ninety 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 city of Selah. The program will be developed in consultation with city staff listed in Section 8.84.040 of this chapter to be consistent with the goals of the CTR plan adopted in Section 8.84.020 of this chapter. The program shall be implemented not more than ninety days after approval by the city of Selah. Employers who do not implement an approved CTR program according to this schedule are in violation of this ordinance and subject to the penalties outlined in Section 8.84.090(D) of this chapter.

(3) Change in Status as an Affected Employer. Any of the following changes in an employer's status will change the employer's CTR program requirements:

(A) If an employer initially designated as an affected employer no longer employs one hundred or more affected employees and expects not to employ one hundred or more affected employees for the next twelve months, that employer is no longer an affected employer. It is the responsibility of the employer to notify the city of Selah that it is no longer an affected employer. The burden of proof lies with the employer.

(B) If the same employer returns to the level of one hundred or more affected employees within the same twelve months, that employer will be considered an affected employer for the entire twelve months, and will be subject to the same program requirements as other affected employers.

(C) If the same employer returns to the level of one hundred or more affected employees twelve 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. 1717, § 5, 2008.)