The injunction: the easy way out
In a statement issued on Tuesday evening, the Collectivité announced that it had sought an injunction to enable the continued processing of certain types of waste at the Grandes Cayes eco-site. As the renewal of contracts that had expired was not anticipated early enough, this procedure now constitutes the only legal framework enabling the service to be maintained.
The Local Authority states that it offered Verde SXM a temporary extension to the contract whilst the ongoing procedures are finalised. It also states that the company reportedly cited the ‘partial non-compliance’ of certain facilities. At the same time, it is continuing to prepare new tenders for green waste, sanitation services and recyclable waste, including a requirement for future contractors to have a compliant composting facility, which is scheduled to come into operation in the second half of 2027.
But the situation is clear: a company cannot continue to carry out work on its own initiative without a current contract or prefectural authorisation.
The Collectivité had been alerted as early as September 2025, and again in January 2026, that the contract was due to expire at the end of May 2026. In the absence of a successful new tender process, a legal solution had enabled operations to be temporarily extended until 20 September. According to Maxime Arnal, director of Verde SXM, the expiry date was known and could have been anticipated several months in advance, particularly as a public contract requires between six and eight months of proceedings before it comes into effect.
All parties concerned were notified. The Prefecture has also issued several formal notices to the Collectivité. According to Maxime Arnal, the Prefecture’s intervention has so far helped to avert a disaster.
Contracts with different circumstances
Verde SXM operates under three service contracts. One of these covers around fifteen types of waste: electronic equipment, batteries, scrap metal, tyres, paint tins and certain types of waste funded by eco-organisations. For these waste streams, there is no change.
As regards recyclable household packaging collected from the yellow and green bins, a new contract was indeed published in May. Verde SXM has, however, decided not to bid for it. The company cites payment delays as its primary reason: its outstanding debt is said to have fallen from €1.8 million to €1.3 million following the settlement of €500,000, but new invoices continue to accumulate.
It also regrets that the contract merely maintains the current system without providing the means to invest further in improving the treatment process. Several projects already proposed by Verde to the Local Authority would therefore not be able to go ahead. Verde therefore prefers to leave this contract – which is fairly straightforward to manage logistically – to other local companies.
However, the situation is particularly sensitive regarding sludge from sewage treatment works. After treatment by SAUR, which cannot store it for more than 15 days, it must be removed swiftly. This is a genuine public health concern.
The injunction therefore allows the service to continue legally. However, it comes after a deadline that has been known for a long time and several months of warnings about the need to renew the contracts… the next one, due to expire on 25 April 2027, concerns end-of-life vehicles. Despite a campaign by the local authority responsible for their collection, no end-of-life vehicles are now arriving at the recycling centre.
There is some good news, however: amongst the 100 projects identified in the overseas territories and presented to Choose Outre-mer yesterday, Saint Martin has been selected for the construction of a waste management facility. Two developments to watch.
