Volusia County Council asks water district, Orange City to halt disputed drain into Miller Lake

Volusia County Council members voted 7-0 on Jan. 21 to direct county staff to send a formal letter — signed by the council chair on the body’s behalf — asking St. Johns River Water Management District and, if appropriate, the City of Orange City to immediately require the property owner to close a private drainage connection while the district re-evaluates the permit that allowed water to be routed toward Miller Lake.

The action followed more than an hour of public comment from residents of the Miller Lake area who said flooding has left homes unusable and driveways impassable. “A 103 days, and we are still living in the twilight zone,” resident Monica Emerson told the council during the public comment period.

Why it matters: Residents from Miller Road, Shady Lane and nearby streets described long-term drainage and flooding problems they link to changes made under a 2017 permit that routed runoff toward Miller Lake. Multiple residents urged the county to halt what they described as unpermitted or modified drainage and to press the water management district to revoke or re-evaluate the permit.

What the council heard and found: Several public speakers said pumping from Miller Lake has been ongoing but that the lake remains at high elevations, preventing several homes from being safely used. Dannette Musler (Miller Lake community) said the city of DeBary has provided temporary pumping assistance, but warned DeBary will not be able to do that indefinitely. Resident David Hill told the council staff had recently compared the permitted drawings to the as-built system and discovered a control “weir” shown in the permit is not present in the installed structure. Hill said, “in the permit, the permit says, any deviations must be authorized in a permit modification. Any deviations that are not so authorized may subject the permit to enforcement action and revocation of the permit.”

County staff confirmed the district has reported the permitted plans showed a weir in the control structure, and that the weir either was never installed or was removed later. Ben Bartlett, county staff, told the council the district had informed county staff that the control structure does not appear to have been built to the permitted plans.

Council action: Councilman David Santiago moved that staff send a letter to St. Johns River Water Management District asking them to “shut down” (halt) the private pipe and demand the property owner close it until the permit is re-evaluated; the motion was amended to include Orange City if it is a co-permitting authority. Vice Chair Matt Reinhart seconded the motion. After brief discussion the council approved the request unanimously. County staff said the letter will be drafted by staff and signed by the chair on behalf of the council.

Next steps and immediate effect: The council’s vote is a formal request to the district and, if applicable, Orange City; the district, not the county, is the permitting authority and may choose enforcement options including a notice of noncompliance or consent order. County staff told the council they had set up a follow-up meeting with district staff and that staff will meet with residents to share status updates.

Resident concerns and context: Speakers asked the council also to consider permit revocation and to investigate possible unpermitted modifications they say have occurred. Residents and commenters raised out-of-pocket costs they said have been incurred pumping and hauling millings, and said long-term solutions are needed. David Hill estimated daily diesel cost for temporary pumps in the community at about $2,000 a day.

The council’s letter asks outside permitting authorities to act quickly; county staff said they will return with updates to the council and will meet with affected residents to coordinate next steps.