16.16.060 Applicability.
The provisions of this chapter shall apply to any affected employer at any single worksite within the corporate limits of the city of Algona. Employees will only be counted at their primary worksite. The following classifications of employees are excluded from the counts of employees: (1) seasonal agricultural employees, including seasonal employees of processors of agricultural products; and (2) employees of construction worksites when the expected duration of the construction is less than two years.
A. Notification of Applicability.
1. In addition to Algona’s 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 a newspaper of general circulation published in Algona within thirty days after passage of the ordinance codified in this chapter or revisions.
2. Known affected employers located in Algona will receive formal written notification by certified mail that they are subject to this chapter within thirty days after passage of the ordinance codified in this chapter.
3. Affected employers that, for whatever reason, do not receive notice within thirty days of passage of the ordinance codified in this chapter must identify themselves to the city within one hundred eighty days of the passage of the ordinance codified in this chapter. Once they identify themselves, such employers will be granted one hundred fifty days within which to develop and submit a CTR program.
4. An existing employer of seventy-five or more persons who obtains a business license in the city of Algona, subsequent to the passage of the ordinance codified in this chapter, will be required to complete an employer assessment form to determine whether or not an employer will be deemed affected or nonaffected in accordance with the provisions of this chapter.
B. New Affected Employers. Employers that meet the definition of “affected employer” in this chapter must identify themselves to the city within one hundred eighty days of either moving into the boundaries of Algona or growing in employment at a worksite to one hundred or more affected employees. Once they identify themselves, such employers shall be granted one hundred eighty days to develop and submit a CTR program.
New affected employers shall have two years to meet the first CTR goal of a fifteen percent reduction from the base year values identified in Section 16.16.030 of this chapter; four years to meet the second goal of a twenty percent reduction; six years to meet the third goal of a twenty-five percent reduction; and twelve years to meet the fourth goal of a thirty-five percent reduction from the time they begin their program.
C. 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:
1. If an affected employer can document that it faces an extraordinary circumstance that will change its status as an affected employer, it can apply for a waiver (see Section 16.16.100(A)).
2. If an employer initially designated as an affected employer no longer employs one hundred or more affected employees and has not employed one hundred or more affected employees for the past twelve months, that employer is no longer an affected employer. It is the responsibility of the employer to provide documentation to the city that it is no longer an affected employer.
3. 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. 860 § 5, 1998; Ord. 729 § 6, 1993).