AN enforcement notice has been slapped on a company working on the controversial Aberdeen bypass after freshwater pearl mussels, salmon and other fish were put at risk from pollution.

An investigation has now been launched by Scotland’s top environmental watchdog into the pollution incidents during the construction of the new road.

The risk is considered so great to the sensitive freshwater pearl mussel and salmon habitats of the River Dee that an enforcement notice has been issued to those working on the bypass in a bid to prevent any more pollution.

The Scottish Environment Protection Agency (Sepa) is actively investigating construction work on the Aberdeen Western Peripheral Route (AWPR) following the incidents in various tributaries of the River Dee and the River Don.

Andy Rosie, Sepa’s head of operations for the north, said: “Sepa has significant concerns that construction activity on the AWPR poses an ongoing risk of pollution and has resulted in environmental impacts to the water environment.

“An enforcement notice has therefore been issued to the company involved which will require urgent action to be taken on the pollution prevention measures necessary for protection of local watercourses in the vicinity of Cleanhill Wood, near Burnhead.

“These tributaries flow into the River Dee, designated as a special habitat for both salmonid fish and fresh water pearl mussels, which rely on a delicate eco-system to feed and spawn. The erosion of silt from the construction site poses a risk to the quality of the water and can settle out onto the bed of the rivers and streams, blanketing and damaging aquatic animals and plants.

“We are requiring the contractor responsible to take immediate and effective action to stop silt pollution entering and contaminating the local watercourses surrounding the AWPR site. Our officers will be monitoring progress closely over the coming months, and will not hesitate to take further enforcement action if necessary to prevent further pollution.”

The AWPR/B-T project is being delivered by Transport Scotland, the national transport agency, on behalf of the Scottish Government and in partnership with Aberdeen City Council and Aberdeenshire Council.

Aberdeen Roads Limited (Balfour Beatty Investments Ltd, Carillion Private Finance (Transport) Ltd and Galliford Try Investments Ltd) is constructing the new 36-mile road. The construction joint venture includes Balfour Beatty, Morrison Construction and Carillion.

A spokeswoman for Transport Scotland said yesterday: “We are aware of the points being raised by Sepa. The AWPR/B-T contractor has already put additional mitigation in place including the further enhancement of existing mitigation near watercourses. We take these issues very seriously and are currently working with the contractor to ensure that the matter is resolved as soon as possible.”

A construction worker on the project, who did not want to be named, said the workers had been told to keep working even when the weather was very bad. He said they had been asked to bulldoze liquid mud into areas where it would obviously run into water courses.

As well as destroying ecosystems, the mud can silt up rivers and lead to flooding.

The bypass was given the go-ahead after a four month public inquiry in 2009 but the Scottish Government’s decision to approve the road was challenged by campaigner William Walton who took his case to the UK Supreme Court. Chairman of the pressure group Road Sense, Walton was critical both of the cost and the environmental impact of the new road. The Supreme Court ruled against him in 2012, clearing the way for construction to begin.

In the intervening years, the cost has rocketed from an estimated £400m to £745m and it was reported in November that the Scottish Government was facing a race against time to solve funding issues.

Changes to EU rules mean that the project can no longer be classed as a private-sector development.

The AWPR had previously been classified as being delivered by the private sector, as it is being funded by the non-profit distribution scheme which uses private finance but caps the profit that firms can make. Despite claims from Labour that there is now no proper funding mechanism for it, Deputy First Minister, John Swinney has said it will be delivered on budget and on time. It is scheduled to be finished by winter of next year.

Swinney said that the change is a “statistical accounting classification and has no impact on the cost or delivery timetable of the AWPR or the two NHS projects that the Office for National Statistics has also indicated it will review”.