#DHCDAdvisoryCommittee

Chesapeake Bay by the Book: What ESC and SWPPP Really Protect

In the Commonwealth of Virginia, environmental compliance in construction is not a symbolic gesture — it is a legal obligation. Among the most critical regulatory instruments governing land disturbance are erosion and sediment control (ESC) plans and stormwater pollution prevention plans (SWPPPs). These protocols form the operational foundation for safeguarding the Chesapeake Bay, a nationally protected watershed subject to overlapping federal, state, and local regulations.

Within this framework, construction activities in the Chesapeake Bay watershed must comply with statutory requirements set forth under the Chesapeake Bay Preservation Act, the Virginia Erosion and Sediment Control Law, the Virginia Stormwater Management Act, and the Virginia Stormwater Management Program (VSMP). These laws establish mandatory practices for minimizing runoff, controlling sediment transport, and ensuring pollutants do not enter navigable waters, wetlands, or environmentally sensitive receiving channels. Noncompliance may result in formal enforcement actions, civil penalties, stop-work orders, or permit revocation — reflecting the seriousness with which the Commonwealth enforces its environmental code.

ESC and SWPPP best practices are designed to address risk proactively at the site level. These include early stabilization of disturbed areas, phased clearing and grading operations to minimize exposed soils, preservation of vegetated buffers, and strategic installation of structural controls such as diversion dikes, sediment traps, inlet protection, and compost filter socks. Site-specific SWPPP documentation must outline pollution prevention strategies, delineate responsible parties, and provide inspection and maintenance schedules — all conforming to approved design standards and rainfall frequency data as required under the US EPA’s NPDES permitting system.

Eric S. Cavallo, Founder and President of Earthly Infrastructure® Building and Infrastructure Development Inc., has made regulatory compliance a cornerstone of his professional and public service agenda. A licensed Commercial Building Contractor in Virginia, Mr. Cavallo is an active member of the International Code Council (ICC) and currently serves on the City of Virginia Beach Board of Zoning Appeals, where he helps interpret land use decisions with environmental and code-based implications. In 2024, he was appointed to the Department of Housing and Community Development (DHCD) Stakeholder Advisory Committee on building code reform, where he contributes to the Commonwealth’s deliberations on construction safety, site planning, and code modernization.

Through these roles, Mr. Cavallo has continually advocated for stronger industry adherence to ESC and SWPPP obligations — not only as technical requirements, but as enforceable ethical standards that shape the long-term health of the Chesapeake Bay. He is currently seeking further appointments to Virginia’s regulatory boards and policy committees where his background in construction law, environmental compliance, and code enforcement can support the Commonwealth’s mission to uphold lawful development across sensitive watersheds.

The Chesapeake Bay is more than a scenic asset. It is one of the most complex and monitored estuarine systems in the United States — and the subject of comprehensive protections that require full cooperation from the building industry. At a time when unchecked runoff and overdevelopment continue to threaten water quality, those charged with constructing Virginia’s future must embrace the tools that exist to protect it. ESC and SWPPP plans are not just regulatory artifacts. They are the technical and legal embodiment of responsible building — and for those who work in proximity to the Bay, compliance is not a suggestion. It is a duty.