Talking Trash: Avoid Penalties on Cross-Border Business Aircraft Flights | NBAA

International business aircraft operators must be familiar with regulations governing the handling and disposal of certain waste items when reentering the country, as well as best practices to ensure compliance with the rules – and to make sure that no allowed items also get tossed out with the trash.

The Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture (USDA) regulates all garbage generated onboard business aircraft arriving from origination points outside the continental U.S. or Canada. Airports, FBOs and business aircraft operators all have important roles in this process.

Each entity must hold a legally binding APHIS Regulated Garbage Compliance Agreement (RGCA, or CA for short) from the USDA outlining applicable standard operating procedures (SOPs). Enforcement of those procedures is often carried out by inspectors with U.S. Customs and Border Protection (CBP).

“We begin with a compliance agreement and draft SOP stating how we plan to meet regulatory requirements,” said Carlton Harrison, assistant airport director at Fort Lauderdale Executive Airport (FXE). “That plan goes through a series of revisions – explain how you will handle this particular situation – and multiple iterations before approval. And then you can expect to be inspected annually.”

The primary purpose is to contain biological waste – including fruits, vegetables, meats or other plant or animal products, and any other items associated with those materials – to prevent the introduction of pests and diseases into the country.

The Vanguard: FBOs

FBOs are on the front line in this process. Adam Rotbaum, general manager of Atlantic Aviation at New Jersey’s Teterboro Airport (TEB), recommends that flight crews strictly segregate all foreign-origin refuse on the aircraft, and then have it consolidated and ready for immediate transfer to qualified personnel on arrival.

“The handover of all regulated trash prevents the crew or passengers from illegally taking the waste off the ramp,” Rotbaum said. “While the crew is not required to provide specific documentation to the FBO, they should clearly tell the [CBP] officer if regulated waste is onboard or clarify if the trash is not regulated and why.”

Aircraft inspectors may also advise the crew on any items that are not admissible. Non-disposable plates, utensils and other flatware must be cleaned and sanitized in line with the operator’s CA and are subject to inspection by the USDA and CBP officials. Prepackaged and sealed items, such as condiment packets, are typically exempt but may also be subject to inspection.

All foreign-origin refuse taken off the aircraft is then placed into specialized, three-mil-thick plastic bags. “The filled bags must then be weighed, tagged and logged with essential information,” Rotbaum added, “including the aircraft tail number and date and time of collection, for complete record-keeping and tracing.”

The regulated trash is then placed in a secure APHIS-approved dumpster or storage area. It must be hauled away for final disposal by an approved facility (typically through incineration) within 120 hours from the time of collection at the aircraft.

Continual Training Is Key

Any ramp personnel handling refuse off international flights must receive thorough training on proper handling, storage and containment as outlined in the facility’s CA.

For Atlantic Aviation TEB, “training includes [explanation of] the risks of foreign pests, and is supplemented by comprehensive on-the-job training to ensure practical application of the procedures,” Rotbaum said. “This training is tracked in our learning management system to ensure annual training and allows us to provide real-time data to CBP for auditing purposes.”

Training requirements also extend to any airport personnel who may come into contact with foreign refuse. “The airport is responsible for training our employees and staff, usually our operations and maintenance personnel,” Harrison said. “FBOs usually have their own compliance agreements with the USDA as well, but it’s ultimately the airport’s responsibility. We often check in to make sure they’re doing their staff training, too.”

“We have a multi-tiered training program that can be accessed online,” added Brian St. Pierre, airport operations specialist at FXE. “We also have a classroom situation where we discuss the rules and regulations, and the reasons behind them. It’s not just about watching a video.”

The concern is the possible spread of invasive or non-native biological entities. Harrison cited the spread of non-native beetles in Florida that arrived in wooden crates onboard a commercial flight, which quickly spread and destroyed native trees and other flora.

“While that wasn’t on the general aviation level, it’s clearly something that’s on our minds here in Florida,” Harrison said. “Even something that you may consider minor can quickly become a nuisance or, in the worst case, bring a highly negative impact to our ecosystem.”

Taking a Team Approach

The inspection and receipt of non-permissible waste from international arrivals is usually straightforward. Business aviation flight crews can assist with this process by bagging and securing all refuse upon arrival to the destination airport and prior to clearing customs.

“Crews should hand the trash directly to ramp personnel ready to receive the garbage, instead of putting it on the ramp or throwing it down from the top of the stairs of the aircraft,” Rotbaum said. “This can introduce spills, which would require timely cleanup, reporting and further documentation to occur.”

“Generally, [the waste] is all standard catering,” St. Pierre added. “Crews familiar with the process will have everything bagged and ready, so all the FBO needs to do is remove it from the aircraft and put it into our bag.”

St. Pierre also urged cabin personnel to separate regulated garbage from other items. “A lot of stuff ends up in the refuse stream that doesn’t need to be,” he said. “Taking time to sort everything out is better than throwing everything away.”

Teamwork helps to ensure all parties operate in line with their SOPs and USDA regulations. Operators and individual crew members can be subject to penalties for noncompliance, such as failing to surrender regulated trash or for removing it from the designated customs area.

“Noncompliance can result in severe consequences for both the facility and the operators,” Rotbaum added. “Penalties for the FBO can include significant monetary fines from CBP/APHIS and the ultimate penalty of losing the APHIS Compliance Agreement, which would prevent the facility from servicing international flights.”

“If we did something wrong in terms of handling – say, if we didn’t log refuse or burn it properly – the first step would usually be a notice of violation, requiring that we respond with our corrective action,” Harrison said. “Repeated violations may result in fines up to $75,000 and I’ve heard the absolute worst cases could even lead to jail time.”

To avoid those risks, Rotbaum emphasized the importance of “strict compliance” with those procedures. “Treat this as a critical safety measure, much like towing or refueling an aircraft,” he said. “FBOs should implement ongoing training and routine internal audits to ensure adherence, while flight crews and operators should proactively ensure that the required waste is properly contained and completely surrendered upon arrival.”

Information about business aircraft waste disposal is available from the NBAA Management Guide at nbaa.org/management.