~Gumbs Defends Government Position as Derek Fleming Fires Back Over Delayed Payments and Missing Contract~
PHILIPSBURG: --- The worsening garbage crisis on St. Maarten escalated Wednesday into a public war of words between Minister of Public Housing, Spatial Planning, Environment and Infrastructure (VROMI) Patrice Gumbs Jr. and Fleming Waste Solutions owner Derek Fleming, after government openly addressed long-standing payment and contractual disputes involving waste collection services.
During the Council of Ministers press briefing, Gumbs acknowledged that Fleming Waste Solutions has been performing certain services for the government without a formal contract since 2021, a situation he said now complicates the payment process.
“Fleming Waste Solutions does not have a contract with the government for the services that are unpaid,” Gumbs stated. “Fleming has been carrying out these services without a contract since 2021.”
The minister explained that under government financial procedures, payments cannot legally be processed without proper documentation and approvals.
“Government is not allowed to pay without advice or a contract,” Gumbs said, adding that the full implementation of the AIMS financial system now requires all payments to follow strict digital procedures.
According to the minister, contracted services performed by Fleming continue to be paid, while delays affect only non-contracted work.
“This paints a very clear, objective picture that delayed payments have nothing to do with the unwillingness to pay, but the manner in which Mr. Fleming’s services were entered into in the first place in 2021,” Gumbs stated.
Derek Fleming Pushes Back
Shortly after the briefing, Derek Fleming publicly challenged the minister’s explanation, arguing that the government has had years to regularize the arrangement and accusing officials of failing to process the required paperwork.
“How long have you been servicing the dump without a contract?” SMN News asked. “More than five years Fleming responded.”
Fleming said previous administrations managed the situation through formal government advice procedures that allowed payments to continue despite the absence of a finalized contract.
“If you don’t have a contract, it is used as something called advice,” Fleming explained. “You get it signed up and all of this so payment could be done.”
The waste contractor argued that the government cannot continue requesting essential services while blaming payment delays solely on contractual issues.
“If you know in fact that you’re utilizing a service, shouldn’t you then do the paperwork to continue the service?” Fleming questioned. “Don’t hide behind the fact of not having a contract. Say the truth — you’re not doing the paperwork for the company to be paid on time.”
Fleming also criticized the pace of negotiations, noting that discussions about formalizing a contract have allegedly been ongoing since last year after the landfill closure.
“From since last year when Mr. Fleming closed the landfill, why is it taking so long for you to just make one simple contract?” he asked.
While acknowledging that contract discussions have taken place, Fleming insisted that conversations alone are meaningless without action.
“Discussing something doesn’t mean you’re working on it,” he said. “Bringing it to fruition — is it done?”
Illegal Dumping Worsening Crisis
The exchange comes as the government faces mounting public frustration over garbage accumulation across the island.
Gumbs described widespread illegal dumping practices that he says are overwhelming residential waste systems and driving up collection costs.
“I have seen carnival costumes thrown in boxes on the ring road. I have seen businesses wheel old fridges and dump them into metal bins. Most alarmingly, I have seen brand new dump sites appear on the roadside,” the minister said during Wednesday’s briefing.
The VROMI minister announced that commercial entities will soon be required to submit formal waste disposal plans and potentially secure contracts with recognized private haulers.
“Commercial waste continues to be illegally dumped in residential bins and disposal sites, rapidly filling bins, making neighborhoods dirty, and disproportionately raising collection costs,” Gumbs warned.
The government is expected to roll out stricter enforcement measures in the coming weeks under Article 21 of the Waste Ordinance.
Waste Sector “Needs 35 million Guilders.”
Gumbs also revealed the scale of the country’s financial challenge, stating that St. Maarten requires at least 35 million guilders annually to properly manage the waste sector, while the government currently spends only 12 million guilders.
“A well-functioning, clean, and healthy society costs money,” he stated.
The minister linked future reforms to the Trust Fund’s Emergency Debris Management Project (EDMP), which aims to close the landfill and transition the country toward a more sustainable waste management system.
Prime Minister Calls for “Mindset Change”
Prime Minister Dr. Luc Mercelina also weighed in on the garbage crisis during the same briefing, arguing that the island’s financial realities make it impossible for the government alone to solve national problems without greater public contribution and responsibility.
“We see the challenges that we have with garbage collection now,” Mercelina said. “What is this community paying for garbage collection?”
The Prime Minister criticized the culture of indiscriminate dumping while residents simultaneously complained about conditions.
“Everybody is throwing everything on the streets and roads of St. Maarten,” he stated. “And the only thing we do is complain about our garbage.”
Mercelina warned that significant financial contributions from the public may eventually become unavoidable if the country hopes to maintain a functional waste collection system.
“I can assure you the day that this government comes with a proposal for significant financial contribution for garbage collection in this country, you’re going to see a different other attitude and stance towards this problem,” the Prime Minister said.
He concluded by calling for what he described as a national “mindset change” to address the country’s structural challenges.
“I think we will have to do a mindset change if we want to solve the problems and the budget challenges of this country,” Mercelina declared.
The escalating public disagreement between government and one of the island’s primary waste contractors now places even greater attention on how St. Martin plans to stabilize its struggling garbage collection system in the months ahead.