Gumbs defends tender failure, unveils broader waste reform plan

GREAT BAY--Minister of Public Housing, Spatial Planning, Environment and Infrastructure Patrice Gumbs on Wednesday presented Parliament with an overview of the recent solid waste tender process, the current state of garbage collection across St. Maarten, and Government’s broader plans for long-term waste sector reform, including legislative changes, enforcement measures, financing reforms, and the future closure and rehabilitation of the landfill.

Review of Solid Waste Tenders

Minister Gumbs explained that in drafting the terms of reference for the 2026-2029 solid waste contracts, the ministry carried out a full review of longstanding complaints from garbage haulers, residents, and recommendations contained in the Ombudsman’s 2022 report. He said haulers had often expressed concerns that they felt unfairly targeted and that there were insufficient consequences for residents who fail to follow garbage disposal rules.

According to the Minister, those concerns were taken into account in the new tender design, including through proposed measures such as the use of camera systems to provide a more neutral and objective view of garbage collection performance.

The final draft of the terms of reference was submitted to the Secretary-General and the Minister on November 28, 2025, and was later made available to the public.

Information Session and Evaluation Process

The Minister said the Ministry hosted a mandatory information session on January 7, 2026, during which the terms of reference were reviewed page by page with interested bidders and ministry staff explained the requirements and process.

All bids were submitted on January 28, 2026. Evaluation began on January 29 and 30 with a team comprising members from the Ministries of VROMI and Finance. Minister Gumbs said the first stage of the evaluation process was a knockout round to determine whether bidders met the mandatory eligibility requirements.

He said that on February 4, 2026, the evaluation committee informed the Secretary-General and the Minister that following its initial review, the majority of the 17 bidders had failed to meet the required eligibility criteria. As a result, the original timeline for concluding evaluation and awarding the contracts could not proceed.

Decision Not to Alter the Process Mid-Evaluation

Minister Gumbs said discussions then began about whether certain errors or omissions in bid submissions could be corrected. However, he said the ministry concluded that deciding which mistakes were correctable and which were not would have effectively changed the terms of reference in the middle of the process, creating a significant ethical issue.

He referred to the Ombudsman’s June 2022 final report, which concluded that certain provisions in earlier terms of reference had disproportionately affected some contractors while benefiting others. In light of that history, Gumbs said all disqualifications had to be treated equally to preserve fairness and transparency.

According to the Minister, continuing with the evaluation while selectively allowing corrections would have risked undermining the integrity of the tender process and exposing it to claims of unfairness and non-transparency.

Tender Failure and Immediate Response

Minister Gumbs reminded Parliament that on March 18 he publicly announced the failure of the solid waste tender process and outlined a way forward. He acknowledged that bidders were not officially informed ahead of that public announcement, which he said was due to miscommunication related to both the district cleaning tender and the solid waste tender.

He said the ministry subsequently called a meeting with bidders, although short notice prevented many from attending, and then followed up with another meeting to apologize for the miscommunication and explain the next steps. He added that an additional technical session with bidders was to follow.

Continuity of Garbage Collection

From an operational standpoint, the Minister said the decision was made to extend the existing garbage collection contracts by six months in order to maintain continuity of service and allow time for a comprehensive review by Grant Thornton.

He also explained that one parcel was reassigned from one hauler to another because of collection challenges. In evaluating who could take over the parcel, the ministry first looked at the next in line based on previous tender results, but found that the next eligible hauler already had the maximum recommended number of parcels and was unwilling to take on another contract. The third option was also not readily available.

As a result, Gumbs said the ministry had to look outside the current contract list in order to secure a contractor for the parcel extension, which took effect on April 1. He said the decision was aimed not only at continuity, but also at improving service quality in response to significant public complaints.

Current Legal Framework and Existing Challenges

Turning to the current state of the waste sector, the Minister said garbage collection and disposal are still governed by the Island Ordinance of February 23, 1993, which regulates residential waste, bulky waste, liquid waste, commercial waste, car wrecks, and other categories of waste.

He said the ordinance sets out clear rules for how waste should be handled, but noted that several major obstacles continue to hinder effective implementation.

Among the most serious challenges, the Minister cited the absence of a functioning enforcement mechanism. While the ordinance outlines what is not allowed, he said there is no executionary law that gives inspectors the authority to issue fines directly, meaning such matters must generally be pursued through the Prosecutor’s Office where possible.

He also pointed to the lack of a direct and predictable funding stream for the waste sector. Currently, waste management is financed through general taxation, forcing it to compete with other pressing national expenses such as healthcare, infrastructure, and education.

Other challenges include limited human capacity within the ministry and a lack of public education on proper waste disposal. The Minister said the ministry does intervene where possible, but insufficient personnel makes follow-up difficult and leaves many issues unresolved, increasing public frustration.

Planned Enforcement and Legislative Reforms

To address these problems, Gumbs said the Ministry has hired a legal firm to correct and finalize the National Decree on Administrative Enforcement. Once completed, the decree will create a legal basis for more direct action against those who violate ministry rules and regulations, allowing for faster response and stronger order.

In addition, the Minister said a new draft waste ordinance will be submitted to Parliament in the second quarter of this year. One of its key provisions will be the creation of an independent authority to oversee all aspects of waste management in St. Maarten.

Funding Reform and Waste Authority

Minister Gumbs said the Emergency Debris Management Project (EDMP), as part of the Trust Fund, has already developed a financial framework for how the waste sector can be sustainably funded going forward.

Among the proposed financing mechanisms are the introduction of a tipping fee at the landfill and household contributions, which could be incorporated into existing utility bills. The Minister said these reforms are necessary to create a more stable and sustainable system for financing waste operations.

He added that the institutional framework for a waste authority is also being developed as part of this wider reform effort.

Strengthening Capacity and Technology Use

The Minister said the ministry is also investing in the training of personnel, including both technical and soft skills. He announced that eight persons have recently been trained in BOA enforcement, which will allow them to help enforce existing rules once the National Decree on Administrative Enforcement is finalized.

He said the Ministry is increasingly relying on existing camera systems where possible to inspect waste-related issues and prepare reports, and that this will soon be supported by drone technology as part of an effort to work more efficiently despite limited human capacity.

Future of the Landfill and Waste Sector

Looking ahead, Minister Gumbs said the future of waste management in St. Maarten has two main components: the physical intervention required to close the existing landfill, and broader system change through new legislation, new financing measures, and related waste diversion initiatives.

He announced that four shortlisted bidders were sent requests for proposals to submit bids for the landfill rehabilitation project. He added that the government is also already exploring legal requirements for waste export and possible waste-to-energy solutions, including from a regional perspective, given the country’s limited future landfill space.

Trust Fund Conditions and Reform Progress

Minister Gumbs also told Parliament that several key disbursement conditions tied to the Trust Fund are either complete or well advanced. These include the study for landfill rehabilitation, the financial framework for properly funding the waste sector, and the renewal of the intergroup through an MOU.

He said the draft ordinance is currently undergoing legal checks and will be submitted to Parliament shortly, and that the proposed tipping fee and institutional framework for a waste authority are also part of that same reform package.

According to the Minister, Government remains on track in moving toward wider waste sector reform.

In closing, Gumbs said the Ministry is pursuing both immediate and long-term solutions aimed at improving garbage collection, strengthening enforcement, modernizing legislation, securing funding, and fundamentally restructuring how waste is managed in St. Maarten. He told Parliament that while the challenges are significant, the Ministry has identified a path forward that addresses both current operational needs and the country’s longer-term environmental obligations.

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