One type of geological documentation is geological-engineering documentation.
The definition of geological-engineering documentation is set forth in Article 88 of the Act of June 9, 2011, on Geological and Mining Law (GML).
This provision states that the results of geological work, together with their interpretation, an assessment of the extent to which the intended objective has been achieved, and a justification, are presented in geological documentation. Furthermore, paragraph 2 of this article mentions geological-engineering documentation specifically as geological documentation.
For non-geologists, geological and engineering documentation constitutes a separate, independent work. In reality, however, it is the documentation that concludes geological surveys and, depending on the purpose of the surveys, has a content, as well as textual and graphical form, specified by law.
Purpose of preparing geological and engineering documentation
Another important provision is Article 91 of the GML, according to which geological and engineering documentation is prepared to determine geological and engineering conditions for the purposes of:
- land-use planning;
- foundation design for structures;
- underground tankless storage of substances or underground waste disposal;
- surface waste disposal;
- underground carbon dioxide storage.
Furthermore, paragraph 2 of the aforementioned provision specifies that the geological and engineering documentation defines, in particular:
- the geological structure, geological-engineering conditions, and hydrogeological conditions of the construction site or a specific area;
- the suitability of the surveyed area for the implementation of the planned projects;
- a forecast of environmental changes that may result from the implementation, operation, and decommissioning of the planned projects—provided there is no obligation to prepare an environmental impact report in accordance with separate regulations.
Approval of geological and engineering documentation
The preparation of geological and engineering documentation should be treated as the completion of a work. It requires approval by the competent geological administration authority.
Article 93 of the GML introduces the obligation to submit geological and engineering documentation to the competent geological administration authority in two hard copies and four electronic copies on digital data storage media. The competent geological administration authority approves the geological and engineering documentation by way of a decision. However, if the geological and engineering documentation does not meet legal requirements or was created as a result of unlawful actions, the competent geological administration authority shall refuse to approve it (Article 93(3) of the GML).
Amendments to geological and engineering documentation
Changes to geological and engineering documentation are made by preparing an appendix. The provisions regarding documentation apply to the handling of the appendix.
Requirements for geological and engineering documentation
Detailed requirements for geological and engineering documentation are set forth in the Regulation of the Minister of the Environment of November 18, 2016, on hydrogeological documentation and geological and engineering documentation. Geological and engineering documentation consists of a textual and a graphical part.
Descriptive part of each geological and engineering documentation includes:
- description of the geographic and administrative location of the documented area;
- general information about the documented area regarding its development, taking into account underground infrastructure;
- information on the technical and construction requirements and the geotechnical category of the planned project, as well as on ground conditions depending on their complexity;
- description of the geological structure, including tectonics, karst, lithology, and the origin of strata, as well as geodynamic processes—in particular weathering, filtration deformation, creep, swelling, subsidence, and anthropogenic processes;
- description of the physical and mechanical properties of soils and rocks;
- description of hydrogeological conditions;
- description and assessment of geological and engineering conditions, including a forecast of the proposed project’s impact on the soil and water environment;
- information on the location and resources of mineral deposits that may be utilized in the implementation of the proposed project, as well as their quality.
The graphic section of the geological and engineering documentation includes:
- an overview map showing the location of the documented area;
- a documentation map prepared using topographic maps as a base for land areas, and for maritime areas of the Republic of Poland—based on nautical charts, showing the location of the documented area, geological and engineering cross-section lines, and survey points;
- a geological-engineering map, except that this map is not prepared in the case of documentation for individual, small-scale structures;
- a tabular summary of test results, as well as graphs derived from grain size, strength, and deformation tests, and from static and dynamic probing;
- geological and engineering cross-sections with plots of static and dynamic penetration test results overlaid;
- drill hole profiles, as well as plans of excavations and representations of their walls, including the specification of their elevation coordinates.
Further requirements of the regulation in question stem from the purposes for which the documentation was prepared.
In practice, a common legal issue—particularly in contracts with public entities—is the treatment of “approved geological and engineering documentation” as geological and engineering documentation, which appears unjustified in light of the provisions of the Civil Code governing contracts for specific work.
It is the contractor’s obligation to conduct geological surveys and prepare the documentation, not to obtain its approval. It is the contracting authority’s obligation to submit the geological and engineering documentation to the geological administration authority for approval.
Entities conducting geological surveys and preparing geological documentation should ensure that the contracts they enter into clearly state that the delivery of the subject matter of the contract consists of the transfer of the geological documentation to the contracting authority, which triggers the obligation to pay the remuneration. However, the responsibility for its approval lies with the contracting authority.