TO: The Solid Waste Disposal District Board of Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
Sean C. Lieske, Director of Utility Services
FROM: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD)
DATE: March 6, 2026
SUBJECT: Approval of Bring Down Certificate for Nopetro Eco District, LLC
__________________________________________________________________
BACKGROUND
On July 16, 2019, the Indian River County (IRC) Solid Waste Disposal District (SWDD) approved the Landfill Gas Agreement (Agreement) between SWDD Indian River Eco District, LLC (IRED). The Agreement has been amended four times including an assignment from IRED to and Nopetro Eco District, LLC (NED). The project is for the sale of landfill gas to NED for the production of Renewable Natural Gas (RNG). The RNG Plant was built and the Indian River County Landfill started sending landfill gas to the RNG facility in June 2025, with the official ribbon cutting ceremony held on September 16, 2025.
As part of the consent agreement, NED and their bank Pathward, N.A. has requested a "Bring Down Certificate" which staff supports for approval. A "Bring Down Certificate" is generally a document in which an officer (the Chairman of the BOCC) certifies that the representations and warranties made in the original agreement remain true and correct as of the closing date. It ensures no material adverse changes have occurred.
The purpose of this agenda item is to request SWDD Board approval for this document,.
ANALYSIS
There are no objections or exception related to representation or warranties of the original consent agreement with NED and all estoppels of the consent agreement are true and correct, therefore, staff recommends approval of the "Bring Down Certificate" as requested by NED and their bank Pathward, N.A.
BUDGETARY IMPACT
This item has no budgetary impact.
PREVIOUS BOARD ACTIONS
July 16, 2019 - Item 15.B.4 (File#19-0641) Landfill Gas...
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