75-10-250. Baled waste tires prohibited -- exception -- department rules. (1) Waste tires that are mechanically compressed or baled and bound together with cable, straps, wires, or other nonpermanent mechanical devices may not be used for any aboveground purpose within 500 feet of any road, commercial business, or private residence without the consent of the owner of the business or residence unless they are encased in a material that will maintain the integrity of the bale upon failure of the bale restraining devices. Notwithstanding any other provision of law, the department shall adopt rules authorizing other aboveground uses for baled waste tires, whether or not they are defined as solid waste.

(2) Baled waste tires, as described in subsection (1), may not be placed under water under any circumstances or in a location where they are likely to enter any state waters.

(3) A bale of waste tires that loses its integrity is solid waste and is subject to disposal requirements and penalties as provided in this part.